Day: May 12, 2014

Question: I am from India and want to apply for a EB5 through a regional center. The funds  will be a gift for me from someone in US in USD . I want to know if 1) Can the gift from my relative be directly to the Escrow account. 2) If not and the funds need to be transferred to an account of mine then has any one had any problems in opening a bank account for an Indian in US / Canada . I don’t want to get a gift in Indian rupees as it will really complicate the transaction. Do we need to travel to that location to open a bank account?

Attorney Lei Jiang: You can have your relatives send you money to your U.S. bank account. You need to properly document the gift.

Question: We are currently looking at leasing a center while waiting for I-924 approval. We have heard that leasing a center can add additional delays to I-526 applications. Knowing that the first I-526 will have the business plan and economic analysis whether it’s through our own center or one we lease, are there any extra delays to leasing a center as opposed to using our center once approved? It seems like the I-526 will go through the same process, whether is through a center we lease or through our own, so if we lease a center then we could potentially submit our first I-526 sooner than waiting for our center to be approved. It will be a year this December that our I-924 has been pending.

Attorney Lei Jiang: There will be no additional delays. But if you decide to lease a regional center, then your project will be under this leased RC.  This will make your own RC (if approved later) wasted.

©Lei Jiang Law Firm 2014.

Question: Is it possible that my regional center application may be fast-tracked by the USCIS in exchange for an elevated processing fee?

Attorney Lei Jiang: Not at this time, unfortunately.

Question: I have heard that sales or transfers of Regional Centers have been rejected or have gotten RFEs. I guess that the USCIS may be schizophrenic in their decision making. Has anyone done a deal like this recently? If so, would your firm be open to doing a sale or transfer?

Attorney Lei Jiang : USCIS will want to see that the buyer has the credibility in running a successfully RC. RFEs will likely to be issued.  To structure the sale, some ways are better than others. Please feel free to contact us.

Question: Hello. I currently have F1 visa and am studying at a university here in USA. I am seeking EB-5 through regional center projects. I do not have money myself and my parents will gift to me the whole amount. I am from China. But the question is I don’t know how they gonna prove lawful source of funds. My parents have a small factory and just doing a little business. Most of the money are saved from the profits of the business. They have stock as well, but the deposit money are coming from the business, too, but they have never filed taxes. Does this mean my parents money could be unlawful for EB5? I also find somebody saying about get a loan from the property could be a source, too. My parents have some property that they purchased 10 years ago, but they are saying it was too long ago and may not be able to. I hope I’ve asked my question clearly enough. Thank you.

Attorney Lei Jiang: There are other legitimate ways to produce required documents.  Also the money can come from bank loan using real properties as collateral.

©Lei Jiang Law Firm 2014.