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Posts Tagged ‘AILA’
Choosing an Immigration Attorney for your EB-5 application
October 29th, 2009

The recent AILA (American Immigration Lawyers Association) conference in California attended by Immigration Attorneys and Government Representatives from the department of Homeland Security (USCIS) focused on the EB-5 immigrant investor visa option. One of the key issues debated in detail at the conference was the role of immigration attorneys in the EB5 process and why immigration attorneys might want to focus on immigration advice rather than facing potential ethical issues, and perhaps even a conflict of interest, by providing advice to clients on choosing a regional center.

A number of speakers emphasized that the immigration attorney is naturally the right specialist for immigration advice but possibly inappropriate for advice on which regional center to choose.

Issues that potential EB-5 applicants should be aware of include:-

•    Some centers require the EB5 visa investor to use a particular attorney – What are the implications in this for you the applicant?

•    In some cases, attorneys also advise the very centers they are presenting and offering to the client.  Is this a possible conflict of interest?

•    If offering advice on choosing a regional center, has the attorney taken the time to visit the centers in question?

•    How many actual I-526 petitions and I-829’s has the Attorney processed?

Your choice of immigration attorney is very important. It is imperative that your chosen attorney not only be an experienced immigration attorney but also have considerable experience, preferably with multiple regional centers, in the filing of EB-5 visa petitions too.

For an in-depth look at the role of attorneys in the EB-5 selection process see: Ethical And Practical Considerations In EB-5 Representation by Carolyn S. Lee

Questions and concerns regarding choice of EB-5 attorneys are welcome at WhichEb5 Blog. Please email: info@whicheb5.com
 
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Questions for an EB-5 consultant
October 27th, 2009

How to Choose an EB-5 consultant

Choosing a consultant to guide you through the different EB5 regional centers programs can be an important first stage for potential EB-5 immigrant investors. Key points you need to consider include:

•    Are the consultants truly independent, or are they associated with a particular regional center, acting more as an agent of that center rather than providing impartial and independent advice?

•    Do they charge you a fee?

•    Have the Consultants actually visited the proven centers? By visiting we mean an in-depth look and review of the center, not just attending a conducted tour and arranging a photo opportunity.

•    Are the Consultants doubling up as the Immigration Attorneys who are advising you?

If so there may be a conflict of interest and an ethical dimension which has been the subject of much discussion at the recent (American Immigration Lawyers Association) AILA conference in California.  At this Conference leading specialist EB-5 immigration Attorneys advised that while Attorneys working with clients on the EB5 visa should obviously provide advice on immigration law, they should not necessarily be giving advice on the relative positive and negative aspects of the regional center programs.

•    How many actual EB-5 immigrants have they advised, what is their success and failure rate?

•    Which centers have they recommended? One or several?

•    What is the  range of information they provide?

It is all very well knowing who the directors of the regional centers are , what the track record of the regional centers is, and how many EB-5 visa applicants they have attracted,  but all these facts miss far more important points that are critical in the current economic times.

•    What is the difference between equity and loan based programs?

•    What is their knowledge on economic and job creation methodology?

•    Do they have links to the leading independent EB-5 immigration attorneys, economists, international chartered accountants and business attorneys?

Please feel free to email your questions or concerns on selecting an EB-5 consultant to: info@whicheeb5.com
 
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How to lose $500,000 on the EB5
October 20th, 2009

Yesterday I was at the American Immigration Lawyers Association (AILA) EB-5 Conference in San Francisco. Many of the areas of discussion will be important to those of you presently looking into the EB-5 regional center visa route and over the next few days I will highlight those topics which will have a bearing on your decision.

One point covered several times was concern with the sheer number of regional centers being approved by USCIS and the potential consequences for you as an immigrant investor faced with these choices. If you make the wrong decision you face not only losing your permanent resident status after two years, but also your $500,000 or in some cases $1,000,000 investment.

It was clear from talking to Government officials and Attorneys at the Conference that certain types of programs have potentially concerning attributes (in a number of ways), whereas others seem to offer a simpler, some might say safer, route. Over the next week I will cover these issues for you, as well as update you on the regional centers in California I am visiting this week.
 
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News from Washington on EB-5 Extension
October 19th, 2009

It is anticipated that the Senate will take up the Homeland Security conference agreement this week (as early as Tuesday). This should clear the path for the Bill to be sent to the President for signing into law the 3-year extension of the EB-5 visa program among other measures. We will keep you up to date with the news from Washington.

We are at the AILA EB-5 conference in San Francisco this week to meet with Regional Center owners and specialist EB-5 immigration attorneys and will advise you of all important developments live from this venue.

Follow WhichEB5 on Twitter for up to the minute information on all matters relating to EB-5.
 
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WhichEB5.com, its owners and associates, do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services or investment advice. Anyone considering an Investment based Visa should seek independent professional advice. The information on this site is intended to be general and should not be relied upon for any specific situation. Any reference to designated regional centers on this website is posted as reference material only. For legal advice, please contact one of our attorneys. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each person.