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Who Can Get an Investment-Based (EB-5) Green Card?
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U.S. immigration law allows foreigners to enter, live and work in the U.S. for various periods of time, temporarily or permanently. For those who immigrate on a permanent basis, namely, with a green card, most of them are either through family relationships with U.S. citizens and permanent residents or through employment. However, there are several other ways one can obtain a green card, and one of those is known as the EB-5 visa. At Kriezelman Burton & Associates, we have experienced EB-5 green card attorneys who regularly help clients in the Chicago area obtain this visa. We are based in Chicago, but we also handle cases in Indiana, Wisconsin, and Michigan.
Eligibility Criteria in Visa Category EB-5
An investment-based green card is obtained under Fifth Preference or EB-5 employment-based immigration. An applicant who seeks a green card under this category must:
- Invest the required minimum amount of money in a U.S. business, and
- Be an active participant in that business, but it is not necessary to control the business; the business can be under the control of someone else, and that’s okay.
When the EB-5 law was initially passed, the minimum amount required to invest to qualify for the EB-5 green card was normally $1 million normally, or $500,000 in economically distressed areas otherwise referred to as “targeted economic areas” or TEAs). However, Congress increased these amounts to $1.05 million and $800,000, respectively. To qualify, one must leave the money tied up with the business invested in for several years. There is no going around this because if you meet the requirements and are issued the EB-5 green card, the card is issued on a conditional basis, meaning you will have to go back to the United States Citizenship and Immigration Services (USCIS) and apply to remove the conditional status after two years.
However, you do not have to wait for the two years to lapse before applying to remove the conditions. Rather, you can apply to remove the conditions 90 days before the expiration of the two-year period. To do this, you will need to file USCIS Form I-829 Petition to Remove Conditions. The petition must be accompanied by evidence to show that you have invested the required amount and created at least ten jobs.
A requirement that usually trips and often leads to denial of EB-5 green card applications is the inability of the applicant to show that they obtained the money legally. This is a requirement designed to prevent money laundering, and even an innocent person who has accumulated wealth over the years will be denied the EB-5 green card application if they cannot document how they obtained the money.
Contact an EB-5 Immigration Lawyer
The EB-5 green card category is one of the most complicated and difficult categories from which one can obtain a green card. It is also the most expensive, especially if one does not know how the green card is applied for and obtained. In other words, to minimize costs and make sure your EB-5 petition stands a good chance of being approved, you need the services of an experienced EB-5 immigration lawyer from Kriezelman Burton & Associates. Contact us today to schedule an appointment to discuss your case.
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My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
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