I invested in an EB-5 project 7 years ago. I withdrew my I-526 petition because I obtained a Green Card through my wife’s employment. The maximum term of the investment (7 years) is over. Still, the regional center (RC) says that the borrower cannot repay my capital contribution given market conditions, so I would have to wait for a liquidity event. Meanwhile, the borrower refunds capital contributions to investors who have obtained I-829 approvals or denials. The RC also says that since I withdrew my application process, per the contract, the borrower only needs to refund investors who have obtained I-829 approvals or denials. I am unsure how this can be since the investment term is completed. What can I do at this stage?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryYou have to read and review the terms under which the RC and project are obliged to refund the investment.
Lynne Feldman
Immigration Attorneys DirectoryYou need a business litigator in that state to review the documents you signed and advise what your rights are.
A Olusanjo Omoniyi
Immigration Attorneys DirectoryThe agreement you signed is the main source for your recovery. It should have provided the procedure for addressing the exit procedures when this situation presents itself. A consultation with an attorney may be the last resort as it appears that negotiation to resolve this matter seems to be fading.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryRead the Subscription documents carefully and then consult with an attorney (not affiliated with your RC).
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