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 N.V.
N’s mother wanted to visit her and her grandchildren. We had helped them immigrate through the EB-5 program. Thinking that it would be easy to obtain a visa, N’s mother applied for a visa and was denied. The consul thought that she would remain in the United States. We were then able to intercede, providing evidence of her substantial ties to her home country: her marriage, property ownership, stable job and previous ties. Shortly thereafter, she received a visa.
Case of M.Z.
M had a problem with his local Department of Motor Vehicles. During his condition removal process, he needed to extend his drivers license but his DMV would not recognize his status. We sent a letter to the Director of the DMV, and within 24 hours M was able to renew his drivers license.
Case of M.P.
Because of the increasing processing times for the EB-5 condition removal process, we have had to provide assistance to clients in obtaining evidence of their continued permanent resident status. In the case of M, she was planning to travel outside the US around the time that her green card extension notice was going to expire. Before her trip, we scheduled a time for her to attend her local USCIS office and prepared an accompanying letter for her to present. After she presented the cover letter to the USCIS officer, he placed a stamp in M’s passport with a validity period of one year. She was able to go on her trip and not worry about whether she would be allowed on the plane back to the United States.
Case of B.K.
Mrs. K lived comfortably in a prosperous European country with her children, but always dreamed of moving to the United States. Although EB-5 processing times had substantially increased, she knew that it offered the most assured method of immigration for her and her family. She did not have a job offer and did not want to set up her own company in the US. With our assistance, she applied for and received a student visa so that she could pursue an advanced degree, and her children received F-2 visas, which allowed them to study in the United States as her dependents. After her arrival, she then looked into and decided on an EB-5 investment. Her case was complicated by the fact that the funds for her investment were earned more than 15 years ago. After gathering her documentation, her EB-5 petition was approved in 18 months. Because she was located in the US with her kids, they were able to apply to adjust their status. Within three months of their applications, they received their green cards.
Case of B.A.
Mr. A came from a wealthy family. His mother owned a commercial real estate company. Over the years, she was able to accumulate substantial funds and decided to gift her son $550,000 for his EB-5 investment and administrative fees. We gathered her tax and property documentation, and USCIS approved his petition without a Request for Evidence.
Case of K.O.
Mr. O fell into the category of successful businessmen who did not trust banks. Given his country’s history of bank’s going “belly-up”, this was certainly understandable. But from an EB-5 perspective, this made it harder to document the accumulation of his EB-5 earned money because he did not place his earnings and income onto bank accounts. He preferred his “mattress” and safe deposit boxes. However, we were able to show his lawfully-earned income as a shareholder and businessman over the course of more than 10 years. He was a public person, with many news media accounts of his success as an entrepreneur. So we were able to tie his business success with his EB-5 funds, and he received his green card without a problem.
Case of K.J.
Mrs. J had an interesting case: many years previously, when she was married and changed her surname, the marriage registration agency indicated a wrong place of birth in her marriage certificate. She did not notice it, so when she applied for a new passport in her new surname, the passport agency issued her new passport with the wrong place of birth. It was at this point that she discovered the error, but because of the bureaucracy associated with changing the documents and her need to travel, she started to indicate this inaccurate place of birth when applying for visas, including for a US visa. She continued in this manner for many years — until the EB-5 process. The EB-5 process requires the submission of a birth certificate. We counseled her on the problem, and advised her that her past visa applications contained willful misrepresentations. However, because those misrepresentations were not material, they should not be an obstacle to qualifying for EB-5. We represented her throughout the process, and addressed the issue openly and transparently. She received her green card without any questions about this issue.
Case of J.L.
With his home country of South Africa in turmoil, Mr. J applied for and successfully immigrated through the EB-5 program. We helped him navigate the condition removal stage, which took more than 30 months. After the successful removal of his condition, we assisted with the naturalization process.
Case of K.L.
We assisted Mr. L in obtaining green cards through EB-5. His oldest daughter was 20 years and 11 months old at the time we filed his petition, so her age was “frozen” and she was considered a dependent. The process was smooth and the entire family received their green cards. A potential problem arose, however, at the condition removal stage. The project in which he invested consisted of two phases, and only one stage was being constructed. The other phase was being cancelled, with the EB-5 funds directed to another project. As a result, the job allocation for the second phase could be questioned. Thus, it was important to ensure that the job creation attributable to Mr. L be associated with the first phase. We addressed this issue in our filing, and his condition removal petition was approved.
Case of P.I.
Mr. I was not rich by any stretch of the imagination. He had a nice little small business, selling Western studio equipment. He lived frugally, squirreling away funds over the course of nearly 15 years. Finally, he had saved enough to participate in EB-5. After a two-year EB-5 process, he and his wife received their green cards and moved to Florida.