You are here Starting EB-5 case -- what potential EB-5 investor should know & do
Starting EB-5 case -- what potential EB-5 investor should know & do
What potential EB-5 investor should know & do to begin your EB-5 case
[Q] Should my family and I adjust in the U.S. or process immigrant visas through American Embassy after I-526 approval?
It all depends in your individual needs and situation, but generally, if you and your family members are in your home country, you should do consular processing (apply and obtain immigrant visas at the American Embassy), but if you and your family members are already physically and lawfully residing in the U.S., then you and your family should obtain conditional green cards through I-485 adjustmen
[HOT] [Q] How long does it take until we obtain conditional green cards to enter the U.S.?
Depending on your home country and whether your case receives a Request For Additional Evidence, I would say 9 to 13 months. Don't fall for some regional centers saying they can get your case a lot quickly. I personally had one I-526 petition case approved in 40 days and one I-526 approved in 9 months.
[Q] Has investors in any Regional Center projects managed to recoup their investments?
First, most regional centers have not yet been in operation long enough for the initial project to have been completed and participating investors to be able to recoup their investments.
Second, as far as we can tell, as of May 28, 2010, some investors from only one regional center have recouped their investments when they chose not to invest in additional projects.
[Q] Does the fact that an immigration attorney is located in Southern CA have any advantages?
Generally, where the immigration attorney is located should not matter. However, if the immigration is based near the project into which you are investing, the attorney could potentially visit the premises.
[Q] Which percentage of all filed EB-5 cases is regional center based EB-5 cases?
According to CSC during the March 16, 2010 EB-5 Forum, around 95% of all filed EB-5 cases are regional center based cases! For better or worse, there must be certain reasons why overwhelming percentage of all filed EB-5 cases are regional center based cases. It appears that EB-5 investors prefer regional center based EB-5 cases to meet the EB-5 requirements.
[Q] Should I go visit the regional center's operator/general partner and the specific project site?
By all means, if you have the time. Go and compare as much as you can. From our experiences, it definitely doesn't hurt if you can go see things personally. Although choosing a particular EB-5 project is a lot more important than choosing a car, we think it's similar: if you go and take a look at a car you are considering, you will have a lot better "feel" for the product.
[Q] What should I look for in attorney-client retainer agreement for an EB-5 case?
Before you start to compare attorney fees, first look at the scope of services described in the retainer agreement.
[Q] What does being a USCIS designated regional center mean?
Basically, it means USCIS reviewed the regional center designation application and gave its approval that the regional center operator can set up EB-5 projects within the approved area pursuant to the investment structure and industries described in its regional center application, using the job calculation methodology described therein.
[Q] How many USCIS designated regional centers are there currently?
As of May 28, 2010, there are nearly 100 USCIS designated regional center programs in the United States, with approximately 50 more designation applications pending. This, in our opinion, is too many regional centers for the existing demand.
[Q] Does EB-5 case help with overcoming unlawful presence bars or criminal record?
No, you shouldn't be pursuing an EB-5 case, mistakenly thinking that an EB-5 case is a "cure-all" for ineligibilities related to unlawful presence bars or criminal records. If you or your family member has out of status, unlawful presence or criminal issues, you should get a thorough consultation with an experienced immigration attorney.
