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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.Â
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.Â
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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Outstanding Immigration Attorney – Worth Every Penny I cannot recommend Justin highly enough as an immigration attorney. My case was extremely difficult and complex, and from the very beginning, Justin demonstrated an exceptional level of knowledge, professionalism, and dedication. He took the time to fully understand every detail of my situation and explained the entire legal process clearly and honestly, which gave me confidence during a very stressful time. While…
I highly recommend this law firm! They are always honest right from the initial consultation. They don't take cases just for the money. My family member was a victim of an ICE raid in Michigan on November 17th and returned home on December 30th. It could have been faster, but everything happened during the holidays (Thanksgiving and Christmas). Maya Flores was recommended by another lawyer, and the entire team has…
I just wanted to take a moment to thank you for all your help and professionalism throughout my green card and citizenship process. Your guidance has made everything much easier to understand, and I truly appreciate how patient, thorough, and responsive you’ve been with every question I had. I’m very grateful for your support and the quality of your work. I would gladly recommend your services to anyone who needs…
My experience with Kriezelman Burton & Associates was excellent. We worked with Jennifer Peyton, for removal proceedings due to being detained by ICE. Jennifer worked diligently and was responsive. Jennifer was supportive throughout the whole process and showed compassion. With the help of Jennifer and the help of the firm, we were able to get the removal proceedings stopped and received permanent residency. I am so thankful for Kriezelman Burton…
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I cannot say enough amazing things about Kriezelman Burton & Associates and Attorney Jennifer Peyton. They are truly a godsend. Jennifer worked day and night on my brother’s case, and her dedication never wavered for a single moment. She consistently communicated with my sister-in-law and me, making sure we understood every step of the process and always keeping us informed. She built an incredibly structured and solid case for my…
I recently had the privilege of working with Attorney Brittni Rivera of Kriezelman, Burton & Associates on a habeas corpus case. From the very beginning, she demonstrated exceptional knowledge, integrity, and attention to detail. She was consistently responsive—always just an email away—and made me feel supported through every step of the process. Her guidance brought clarity during a very difficult time, and I am truly grateful for her dedication and…
So many immigration firms in Chicago who do you choose? I can tell you with certainty this is the place to go for you and your loved ones. My wife came over across the border under the Biden years. Our application was sent in, in May and by November we got approved for her 485. This law firm handles many cases of all different kinds so they just know what…
My God, if I could give 10 stars, I would. My family and I are so grateful, first and foremost to God and to attorney Brittni Rivera, who helped us free my husband. He was detained by ICE in Chicago and transferred to Michigan. The process after hiring attorney Brittni Rivera took only 15 days, when I was given about a month. It was incredibly fast and effective.
Our family is sincerely grateful to attorney Nicole M. Provax from Kriezelman Burton & Associates, LLC for her professionalism, dedication, and support, as she guided us through every step with care and understanding. Thanks to her guidance, our case reached a positive outcome. We truly appreciate everything she has done for our family and highly recommend her and the firm.
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