Act Swiftly If Your EB-5 Project Fails To Provide Documentation For Your EB-5 Application (Video)

If you have invested in an EB-5 project and it is not providing the necessary documentation for your I-829 approval, it’s crucial to explore legal remedies to enforce compliance as soon as possible.

All available options may take time, and depending on the specifics of your limited partnership or LLC agreement, you may have the following options:

1. Make a demand alleging breach of the applicable agreement. Notify the project that they are violating their obligation to support your immigration process. Inform them that this breach could cause irreparable harm and may necessitate a preliminary injunction action to obtain the required documents. If this fails, a lawsuit for monetary damages may follow.

2. Make a demand to inspect the books and records of the relevant entities. Depending on the signed agreement and relevant state laws, demanding access to books and records might help obtain the necessary documentation. If the relevant entities do not not comply with the inspection request, you may have to sue them to compel compliance. Some states permit fee shifting in such lawsuits, whereby the relevant entities must pay the attorneys’ fees of the plaintiff investor. This can sometimes help persuade the relevant entities to produce the requested materials. These demands and subsequent lawsuits could also provide valuable information if future lawsuits or arbitrations for monetary damages become necessary.

Navigating these complex situations involves multiple areas of law, including immigration, securities, state governance and litigation skills. A thorough and timely evaluation of the situation by a legal team with experience and expertise in these fields are essential for maximizing your chances of success.