[Also available on LinkedIn.] If the reasoning of this case becomes widely adopted, there will be a sea change in how visa fraud cases are enforced in the future. In this case, the Court confirmed its previous conclusion that knowingly improper use of less expensive visas when more expensive visas are appropriate (for instance, using […]
EB-5 Investment Fraud, Red Flag #3 the “Hot Tip”
[Also available on LinkedIn.] Guarantees made based off of “inside” knowledge is a common fraud technique. Is it just good luck that you’ve met an advisor/attorney that is letting you in on a great secret opportunity? For example, your advisor knows that a project is a can’t miss opportunity because another huge new project (stadium, […]
Some Reasons NOT to File a Viable 864 Enforcement Action
In general, financially abandoned immigrant spouses should insist they be supported as promised. However, just because you can enforce a right to financial support doesn’t mean you should. Here are some situations where it may be wise to leave money on the table and not enforce your right to support as a green card holder. […]
EB-5 Investment Fraud Red Flag #2, Commission Breath
[Also available on LinkedIn.] “Commission breath” is a slang expression used in the sales industry to describe a salesperson that reeks of desperation and will say or do anything to close a deal. Many times this is expressed in slick tactics such as creating a false sense of urgency. For instance, a salesperson may attempt […]
EB-5 Investor Fraud Red Flags:
[Also available on LinkedIn.] As with any significant investment, extensive due diligence is prudent before writing a check. There are several common red flags that should give any investor pause when they encounter them. One major red flag that can come up in the EB-5 context is if the developer has a limited or hard […]
EB-5 Investors have to protect themselves and can’t rely on the Government
[Also available on Reddit.] In 2016, the US Government Accountability Office (GAO) put together a report on USCIS’s efforts to detect and prevent fraud in the EB-5 immigrant investor program. The report pointed out some significant inadequacies and blind spots that leave immigrant investors vulnerable to fraud. It’s not clear to me how many of […]
Settlement Strategies For I-864 Litigation From the Perspective of the Sponsored Immigrant
There is a lot of flexibility when resolving a meritorious I-864 claim. At the end of the day, the specifics of each case will determine the best settlement structure. Ultimately, the goal is to create as much financial security as possible for the immigrant green card holder while they try to become financially self sufficient. […]
Form I-864 Financial Support & Work Credits
One event that can end the financial support obligations created by the Form I-864, Affidavit of Support, is if the sponsored immigrant (typically a spouse) has worked, or can be credited with, 40 qualifying quarters. This is the equivalent of 10 years worth of work.
Various Thoughts on EB-5 Litigation
EB-5 Class Actions [Also available on LinkedIn.] Anyone expect to see an increase of class action litigation related to EB-5 investment fraud in the coming years? Cases alleging this seem to come to light in drips every year. There is clearly volatility in the space and that may accelerate latent frauds or fiduciary breaches to […]