Client Case Studies
Below we have summarized some of the EB-5 cases in which we were able to assist clients. Over the course of more than 25 years, we have worked with EB-5 clients from Russia, China, India, Ukraine, Kazakhstan, Austria, Germany, Canada, South Africa, Armenia, Brazil, Ireland, and Cyprus. In fact, we were involved in some of the first EB-5 cases from Russia in the mid- to late-1990s. The cases highlight not just EB-5 issues, but other visa and immigration problems that can arise during the and after the EB-5 process. They highlight the need to retain an EB-5 lawyer who has wide-ranging immigration expertise. Remember, in most EB-5 cases it is the consular officer who will make the final decision and our experience in resolving such issues is longstanding. For non-EB-5 cases in which we assisted clients on a wide range of visa and immigration matters, see the Case Studies sections of our websites www.bridgewest.com and www.visarefusal.com
Case of O.S.
J and O had four children together, but were not married to each other. They were also citizens of different countries. J gifted to O money so that she and their children would be able to immigrate through the EB-5 program. In such situation, it is necessary to evidence how the donor earned his money and address whether the gift was subject to taxation. What made it more difficult is that his home country does not require the submission of tax returns and, because his country had a very unstable banking system with limited deposit insurance, he kept his money in a safe. We were able to evidence the source of his money and how he preserved his savings. We also arranged for legal opinions from both countries confirming that the gift was not subject to tax in either country.
Case of R.A.
R was a young man in his 20s, who had graduated from the university and wanted to live in the US. His parents had a successful commercial real estate company, and decided to gift R the amount required to participate in EB-5. We were able to document the parents’ ability to purchase the real estate and earn money from the renting out and sale of premises. R’s EB-5 process went smoothly, and he is now living in New York.
Case of A.T.
A was a successful businessman in his home town, operating a group of restaurants. He decided to immigrate together with his daughter and wife. After hiring a due diligence expert to advise on an investment in a franchise, we assisted him in his EB-5immigration process. What complicated his process was the fact that his businesses mainly dealt in cash. Together with his accountant, we were able to prepare an extensive explanation of the source of his income as well as the tax rules and regulations which applied. His petition was approved without a request for evidence. After his arrival in the United States, we referred him to a local realtor who helped him buy a condominium.
Case of U.V.
U had earned his EB-5 funds more than 10 years prior to his immigration process, and so it became necessary to show not only the source of the funds, but the movement of the funds since that time. With the help of bank documents and affidavits, we were able to trace back the path successfully, and his EB-5 petition was approved without a Request for Evidence.
Case of S.V.
S is a wealthy banker who decided to immigrate his wife and daughter while he would remain behind in his home country. We assisted his wife and daughter in their EB-5 immigration process, and helped him obtain a new B visa so that he could visit them. We also prepared a letter for Customs and Border Protection so that he would not encounter problems upon his arrivals to the United States.
Case of B.D.
B is a very successful entrepreneur. His clothes business went back decades and he managed to open a company in the United States and obtain an E-2 visa. But realizing that the business and his investment was too small to qualify, and not wanting to deal with the difficulties of qualifying for a direct investment, he decided to make an investment in a Regional Center hotel project. His EB-5 petition was approved, and he successfully adjusted his status in the United States.
Case of A.Z.
Mr. Z owned a large shoe store in the provinces of Russia. Over the course of 10 years, he was able to accumulate his $500,000 investment. He had two teenage daughters and wanted a better life for them, so he commenced the immigration process with our help. His case was complicated by the fact that while his business operated in full compliance with local tax laws, there were no tax returns reflecting the revenues and profits of the business. We had to assist in the drafting of a detailed explanatory letter from his accountant, along with excerpts of the laws governing tax reporting. We submitted his petition in February 2012 and receiving an approval that summer — without a Request for Evidence. In November, the family attended the visa interview, and within one week, they received their immigrant visas.
Case of V.M.
V was located in the US on an L-1 visa. He had created a company in the US, and he tried to obtain a green card through the EB-13 category. After he was denied, he decided to invest in an EB-5 Regional Center. After a year, his petition was approved, and because he was in the US, he was able to adjust his status to become a conditional permanent resident.
Case of A.M.
Mr. M is the owner of a successful technical consulting firm in his home country. He and his wife had traveled to the US on many occasions and enjoyed the warmer climate, the lifestyle and the friendly people. Because they were in their mid-50s and had saved enough money, they decided to sell the business and retire. Within a year, they were able to immigrate with our help through the EB-5 program.
Case of D.T.
We represented D in his EB-5 process. After his petition was approved, he wanted to complete his immigration process in the US. We submitted applications to adjust his status, for employment, and advance parole. Because he needed to travel urgently, he needed to complete his biometrics and obtain advance parole before his departure. Immediately after we submitted the applications, we accompanied him to the biometrics office so that he could complete his biometrics without an invitation for biometrics (usually, this takes 4–6 weeks). We were able to convince the supervising officer of the urgency of the situation, and he was able to go through the biometrics within 30 minutes. Later that day, we accompanied him to the local USCIS office to obtain emergency advance parole. Notwithstanding the numerous rejections of the USCIS office in reviewing requests for emergency parole, we were able to convince the officer of the urgent business problems, and he was issued an emergency advance parole document.