U.S. attorney shares immigration information

U.S. attorney shares immigration information

USIS Group and Lincoln Stone Lawyers are organizing a sharing talk show to support potential investors to gain a profound insight into the EB-5 Immigrant Investor Program as well as the U.S. latest regulation updates.

The workshop titled “Truths about EB-5 – Sharing from a leading immigration attorney in the U.S.” took place for the first time in HCMC yesterday. Lawyer Lincoln Stone will share his experience to the audience in Hanoi with an event held at the Melia Hotel on Thursday.

The U.S. attracts hundreds of thousands of visitors going there for travel, overseas studies, job chances, living and settling down. Meanwhile, the EB-5 Immigrant Investor Program is currently regarded as the most attractive immigration program.

With a minimum investment equivalent to US$500,000 per petition and creating at least 10 jobs, investors and family members are granted permanent residence cards in America and obtained enormous benefits of citizenship.

Speaking to the Daily, Lincoln Stone said that over 100 investors have signed up for the seminars and the number continues to increase.

The U.S. immigrant investor program (the EB-5 category of immigration) provides permanent resident status for investors of equity capital in a new commercial enterprise that will create at least ten full-time jobs for U.S. workers.

The investor must demonstrate the funds come from lawful sources and the capital will be at risk throughout the entire period of investment. The process involves a petition with the U.S. immigration agency (USCIS), immigrant visa processing and entry to the U.S., two years of conditional permanent residence, and then a final petition to USCIS to remove the conditions, Lincoln told the Daily via email.

For any investor, a spouse and his/her children who are under 21 when the I-526 petition is filed will generally be included.  If a visa backlog occurs, however, children may “age-out” and become ineligible if the visa is not issued before they reach the age 21.

Besides, a permanent resident must have the intention of “residing” in the U.S.  When permanent residents spend extended periods of time outside the country, they risk losing the permanent resident status.

Notably, there is no mathematical formula that applies to this question. However, if the permanent resident desires to apply for U.S. naturalization, there is the requirement of spending at least half the time in the country.

Since the early 1990s, around 63,000 immigrant visas have been issued to EB-5 investors and their dependent family members.  The majority of those visas have been issued in the past five years.

According to the expert, EB-5 law and policies are evolving over time. Currently, several legislative proposals are pending before the Congress and USCIS have proposed new regulations, all of which would change certain aspects of the EB-5 program. The most likely change is an increase in the minimum investment amount to at least US$800,000 or US$900,000.

Asked about policies for Vietnamese people, Lincoln said no special incentives are provided by the Congress or USCIS for investors from any particular country.

However, if the demand for EB-5 visas from a particular country is extraordinarily high, as there is for investors from China, a backlog could arise and this backlog would delay immigration for successful EB-5 applicants.

For investors facing challenges seeking U.S. immigration in the EB-5 category, Lincoln suggested that at least three considerations stand out as very important: (1) Due diligence or investigation of the investment options, (2) documenting lawful source of funds, and (3) confirming the expertise of the professionals who provide services.

To fix with the obstacles, it is very important to work with highly experienced professionals who will help conduct research about EB-5 investment options, and who will help investors hire U.S. immigration counsels with expertise in immigration law and with EB-5 matters specifically, he added.

Lincoln Stone is recognized as a top-notch expert in the U.S. with more than 25 years of work experience. Lincoln has successfully represented for hundreds of investor clients and entrepreneurs in startups and emerging businesses, helping to qualify for a wide range of visa categories.

He has also successfully processed over 4,000 investor applications in the EB-5 investor visa category. Additionally, in Vietnam, Lincoln is a strategic partner of the USIS Group – a pioneer and leading agent in investment-based immigration industry, specializing in markets of America, Europe, Australia and Canada.


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