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Published byDurga Kiran G Modified over 5 years ago
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Step-1: Project Documents Review Investor reviews the offering documents describing the EB-5 project. Overseas accredited investors are presented with the project’s offering materials and asked to evaluate the project using guidance from their legal representatives, as well as financial and tax advisors.
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Step-1: Project Documents Review
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Project Summary
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Step-1: Project Documents Review
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Step-2: Offering documents signing Investor signs the subscription agreement Once the investor decides to invest, the prospective investors will sign subscription documents including subscription agreement to purchase the investment and escrow agreement regarding the deposit of the investor’s capital funds in an escrow bank. Prior to accepting the investor’s capital funds, all investors will be screened by Regional center and the escrow bank using the investors information from the presubscription questionnaire, as required by U.S Law. At this same time, investor will work with their immigration counsel and advisors to begin preparing the necessary forms and evidence of the investors source of funds.
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Step-3: Investment processing Investor deposits $500,000 subscription into a secure escrow account and pay administrative and legal fees. Upon notification that investor has satisfied the escrow banks pre-screening, investor is required to deposit with the escrow bank the capital investment amount of US $500,000 plus the administration fee associated with that project.
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Step 4: I-526 Petition Submission I-526 Petition submitted to United States Citizenship and Immigration Services(USCIS) for approval Once the documentation is complete and the investment is deposited in the escrow bank, the investor will work together with their immigration counsel to prepare the initial green card petition of the investor and family (known as Form I-526) The form I-526 application package is filed by the investors immigration counsel with the USCIS, at which time the case is assigned an official tracking number, known as a “Receipt Number”. Investor must work closely with their immigration counsel in order to prepare the I-526 application package. Your highly experienced immigration counsel will review the application to ensure that documentary evidence has been provided in order to clearly demonstrate the lawful source of the investment.
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Step 5: I-526 Petition Approval Upon approval of Form I-526 application, Investor obtains 2 years conditional green card. Green card also issued to spouse and children (below 21 yrs). Upon approval of form I-526 application, Investor may apply for lawful permanent residence via consular processing (when investor is outside the United States) or Adjustment of Status (when investor is in valid non- immigrant status in the United States). Please note that Adjustment of status is not available in some instances, such as investors entrance pursuant to the visa waiver program. Consult an Immigration Attorney for case-specific advice.
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Step 6: I-829 Petition Submission I-829 Petition submitted to remove conditions on Investor Green Cards. Within 90 days of the expiration of Investors and family's conditional residence in the United States (90 days of the 2 nd year anniversary of such status), applications must be submitted to remove the conditions of their Lawful Permanent Residence status.
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Step 7: I-829 Final Approval After approval of the I-829, typically within 5 years investor is returned the $500,000 investment. Investors legal counsel will submit Form I-829 for the removal of conditions. Upon approval of I-829 application, conditions are removed from investors and family members lawful permanent residence. USA CITIZENSHIP While U.S citizenship is optional, Investor and his/her family are eligible to apply for citizenship within 4 years and 9 months of their initial entry (provided that other criteria for citizenship such as physical presence, for example, is met).
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EB-5 Process Diagram EB-5 Project Invest $500,000 usually in Escrow, monitored by attorney plus syndicate fee Submit from I-526 to the USCIS Approved Adjust status to US Consular / Embassy process in Home Country Approved Get conditional Green Card 21-24 months, file in 829 to removes conditional status Approved Receive Permanent Green Card Apply for U.S. Citizenship after 3 more years (Total of 5 Years in USA)
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