EB-5 Investment Immigration Green Card Rejection Risk

From the second half of 20 14, EB-5 project side forged the figures of economic calculation model on a large scale, which was discovered by the federal immigration special audit department, resulting in the rejection of the investor's permanent green card I-829 and the exhaustion of funds. EB-5 investors failed to recover the assets of the project party and turned to domestic immigration agencies for the following reasons:

1. According to the law of American limited partnership company: Article 303 of Revisededoform Limited Partnership Pact, once the EB-5 project goes bankrupt or has other debts, EB-5 investors cannot recover any assets owned by the project party, developer or individual. Only the assets of EB-5 project cooperation company can be sued. Moreover, these funds are invested by EB-5 investors, and the funds are taken away by the project parties and developers through various means. At that time, the project party only needs to close the EB-5 project cooperation company, and everything will be over. This is the real reason why all EB-5 projects have been refused loans by banks.

Two. While establishing the EB-5 project, the project party must establish and manage an EB-5 limited liability partner company, that is, a limited partnership company. EB5 investors are only authorized to put $500,000 into their accounts and have no right to ask how the project is operated and managed. And the project side, the developer does not put L cents into the account. All assets of EB-5 limited liability partner company are the investments of EB-5 investors. Once the project fails, is insolvent, or for any reason, the project party only needs to close EB-5 Limited Partner Company, and everything will be over. EB-5 investors are wiped out. At this point, both the project party and the developer have made enough money and left without losing money.

Three. EB-5 investors must invest 500,000 US dollars in EB-5 project partner company before applying for temporary green card I-526. All assets of EB-5 project partner company include: USD 500,000 actually invested by EB-5 investors, II. A worthless EB-5 project fund-raising plan from the project side.

Four. According to the trial mode of China court, although the immigration intermediary and EB-5 investors verbally signed overlord clauses and false promises. The court will still correct the unreasonable content in the clause. As long as there are more than two EB-5 victims testifying, the false promises made by the immigration agents cannot be denied at all.

Verb (abbreviation of verb) According to the laws and regulations of our country, once the immigration intermediary is ruled by the court as: false propaganda, false promise, deliberately deceiving EB-5 investors. The court may freeze the enterprise and all personal assets of the immigration intermediary legal person. At the same time, the criminal and civil liabilities of relevant parties, staff involved in fraud and personal assets can be investigated, and the losses of investors can be compensated.

Compared with American law, EB-5 investors can't collect debts. According to China's laws and regulations, investors can recover a considerable amount of capital losses. More advantageously, once the defendant is convicted, the court can take back his existing property, which was transferred to someone else's name several years ago. According to China's sentencing standards, the more compensation the injured investor gets, the shorter the defendant's sentence, so a large number of transferred assets are recovered from abroad.

Seven. Almost all legal persons investigating immigration agencies hold foreign residence permits (green cards) or foreign passports. These people may run away at any time, and there is nowhere to track them. Some early investors who have participated in the project or can't get back the deposit have already started to act.

Eight. Investigate the criminal and civil liabilities of employees of immigration agencies. According to the laws of China, the employees of immigration agencies involved in fraud shall be investigated for criminal and civil liabilities, as well as all personal assets, so as to compensate investors for their losses. Usually these people induce EB-5 investors to be confused by false propaganda, false promises and deception, thinking that they can die if they don't tell the truth. In fact, as long as more than two EB-5 victims testify, these employees can still be convicted of criminal and civil crimes by the court.

Nine. EB-5 The successful prosecution of the victim, the success rate of the criminal and civil liability of the immigration intermediary legal person and the employees involved, and the amount of compensation in the successful case. The statistical results of 2065438+ February 28, 2005 show that EB-5 victims who have participated in class actions have received an average compensation of 65438+ten thousand yuan+1.263 million US dollars. The remaining loss amount is being recovered, with no result.

X.EB-5 victim prosecution mode. More than one victim who contacted the same immigration agency was cheated by the same similar pattern. Because each victim lost a huge amount of money, he reported the case to the public security organ or the economic investigation organ, filed the report, and the lawyer filed a civil lawsuit at the same time. According to relevant reports, many domestic lawyers do not charge fees first, and then share the accounts with EB-5 victims in proportion after receiving compensation. According to the case records, both the legal person who participated in the immigration intermediary and the employees involved in the use of verbal fraud bear criminal and civil responsibilities.

XI。 EB-5 compensation for victims. Judging from the previous cases, the compensation formula is: Y = 65438+ million RMB +$X million USD. X million dollars = funds collected by the same intermediary/number of EB-5 victims who filed lawsuits.

Twelve. The amount of compensation that EB-5 victims can obtain shall be completed in the order of EB-5 victims' complaints. For example, the court first heard case A * * * and there were 65,438+00 EB-5 victims, during which * * * it recovered $65,438+0,000,000. Then the victim of 10 EB-5 in case A can get full compensation. The remaining amount will be used to compensate EB-5 victims in B, C and D cases.