[Also available on LinkedIn.] A little noticed provision in the EB-5 Reform and Integrity Act of 2022 should provide some comfort to those considering blowing the whistle on EB-5 fraud or related securities law violations. The language in the Act reinforces the government imperative to keep whistleblower identities confidential. This is in addition to the […]
Don’t Assume Your Divorce Lawyer Knows Green Card Holders Can Get Financial Support Through I-864
Here’s a Suggestion: If you are a green card holder going through a divorce, do not assume your divorce lawyer is aware that a separate route exists for you to get financial support through the I-864 affidavit of support. Most divorce lawyers are unfamiliar with this little known corner of immigration law and do not […]
EB-5 Redeployments
[Also available on Reddit.] Although most EB-5 projects seems to be handled fairly and ethically, there is a scenario that pops up more than occasionally that is troubling: Eb-5 immigrant investor invests in an offering. The governing documents, drafted years ago, are silent on the possibility of a redeployment. Without consent and scant disclosures, the […]
If I file an I-864 enforcement action to compel my spouse to honor his/her financial support commitment, will it impact my current green card status or future ability to become a US citizen?
[Also available on Facebook.] No, you have a right to enforce the affidavit of support filed on your behalf. Win or lose, I have not seen a scenario where a good faith enforcement case would cause the government to negatively factor it into your current or future immigration status.
I-864 support is set at a minimum of 125% of the poverty line, but for which year’s poverty line?
Pursuant to the I-864 Affidavit of Support, the sponsor agrees to provide support to maintain the sponsored green card holder at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable.
A Great Interview — Best Practices for EB-5 Redeployments
[Also available on LinkedIn.] This is a great interview going through the best practices for EB-5 redeployments. The interview is largely given from the perspective of the fund managers. However, the interview also makes it very clear just how difficult it can be for investors to understand and protect their rights in the event of […]
Some basic fairness questions EB-5 investors and their advisors should consider in the event of a redeployment/reinvestment:
[Also available on LinkedIn.] What was the process the fund manager engaged in to determine the fairness of the terms of the deal? How does the fund manager stand to profit from the redeployment? Does a conflict of interest exist? Did the fund manager secure an independent evaluation of the fairness of the process and […]
EB-5 Investor Protection Tip
[Also available on LinkedIn.] If your Eb-5 investment was redeployed and your fund manager sat on both sides of the transaction, that is a fundamental conflict of interest. In that situation, it makes sense to have an attorney who is familiar with breach of fiduciary duty lawsuits vet your situation to evaluate the process and terms […]
I-864 Enforcement When a Desparate Sponsor Spouse Threatens to Cry Marriage Fraud
I-864 enforcement actions frequently occur while an I-751 petition is pending. This video has some tips regarding navigating this intersection when your sponsor spouse is hostile.
Form I-134, the Other Affidavit of Support
Sponsors for temporary nonimmigrant visas such as K-1 fiance or K-3 spousal visas generally must complete an I-134 affidavit of support. If a sponsor executes an I-134, but not an I-864, is the affidavit enforceable by the sponsored beneficiary? I-134 affidavits have generally been held to be unenforceable. Courts have determined that the language of […]