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International students please beware that the "American

Dream" may break at any time.

According to a recent article by the Overseas Chinese News Network, as the age of
international students is getting smaller and smaller, the financial situation of the family is
getting more and more good. Many parents choose investment immigration methods for
their children and strive to get the US green card as soon as possible. However, investment
immigration cases have occurred frequently in recent years. At the end of 2017, the largest
number of EB-5 class actions in the history of the United States were revealed. This is
undoubtedly a wake-up call for international students who want to invest in immigration to
stay in the United States.
No signs of bankruptcy reorganization 400 million investors evaporate

on November 17, 2017, more than 100 Chinese applicants living in the EB-5 US Investment
Immigration Program (SLS Hotel) in Orange County, California, commissioned a lawyer to
officially file in the California High Court of Orange County , collectively sued the American
Dream Fund (or ADF) and its head, George Ekins, and the SLS hotel investment project
manager. The incident involved nearly 800 Chinese immigrant families, and the relevant
investment amounted to 400 million US dollars. It is the largest class action lawsuit of the
US investment immigration EB-5 project in history.

According to the indictment, the plaintiff’s EB-5 immigrant investor’s claims include the
ADF’s alleged violation of fiduciary duties, suspected of illegal fraud, misrepresentation and
so on. Therefore, the plaintiff requested to remove the management rights of the ADF fund,
remove the SLS hotel project manager, transparent financial reports and compensate
investors for losses.

After receiving the bankruptcy reorganization email in August of that year, an investor said
in a social media message: "It is a nightmare. I received the first letter sent to me by ADF,
which is a bankruptcy reorganization letter. Suddenly tell us EB-5 Investor hotel bankruptcy
reorganization, the auction price is 185 million, just the money of the first creditor Mesa
Bank, did not leave any funds for EB-5 investors, there is no slag. That is to say, nearly 280
million assets are unknown every year. It just disappeared."

Foreign students are also facing risks in handling investment immigration

. In recent years, more and more parents have chosen investment immigration methods for
their children and strive to stay in the United States as soon as possible. There are several
different situations in the EB-5 investment immigration application for international students
who have already obtained approval.

1. International students who have studied for a master's degree or a doctoral degree in the
United States
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These international students hold a F-1 status in a US college or university for a master's or
doctoral degree. In order to improve their competitiveness in the US labor market, they
apply for a green card through EB-5 investment immigrants during their studies. Such
applicants are applicants who are mainly self-employed, and after obtaining approval from
the Immigration Bureau, apply for adjustment of status in the United States and submit an I-
485 application.

2. International students studying for a bachelor's degree, high school or junior high school
in the United States

Many of these international students are under the age of 21, and their parents are
submitting their applications before the 21st birthday of their children. Such applications for
international students use their parents as their main applicant and they themselves are
family members. Although such applicants also hold F-1 or J-1 status in the United States
legally staying and studying, but because parents are mainly applicants and in China, most
of them need to return to China to join the main applicant to the United States. The Chinese
Consulate participates in an immigrant visa interview.

3. Parents want their children to go to the United States at a certain time.

Many parents want to arrange for their children to go to the United States to attend
secondary schools or universities at specific times. Chinese parents want their children to
study in the United States as green cards, so that they have better opportunities to enter
top-level educational institutions and receive education with American students with equal
status and concepts. Therefore, apply for EB-5 investment immigrants before the child
goes to the United States.

4. Single-parent EB-5 investment immigrants

Single-parent immigrants are not an investor category, but a different form of investment
immigration planning. For example, a child applies only to an EB-5 investment immigrant
with a mother. The father does not participate in the EB-5 investment immigration
application for spouses and children due to considerations of Chinese company business
and taxation. This part of the family member investment immigration application was
approved very smoothly.

Since the number of Chinese students applying for green cards in EB-5 investment
immigration has grown rapidly in recent years, many foreign students and their parents who
want to invest through immigration have become the targets of fraudsters: one has
obtained a master's degree but is legal. Chinese female students studying in the United
States apply to invest in the California Investment Immigration Fund in San Gabriel, Los
Angeles. However, in this fraud case, the number of victims was more than 100, and the
amount involved was more than 50 million US dollars. The female student’s $550,000 is
probably going to be overwhelmed.

How to beware of fraud? Lawyers introduce the US EB-5 investment immigration

application process

EB-5 investment immigrants include basic direct investment immigration and regional

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center project investment immigration. The biggest difference between the two is that direct
investment immigrants require investors to create their own companies and manage their
own revenues. The investment method of the regional center is to invest the money in the
regional center approved by the USCIS or its agents. Become a partner or shareholder
(limited investor) of a project, entrust the regional center or its project manager to act as a
full agent to manage investment projects.

Both have a minimum investment limit, including immigrant investors investing $1 million in
the US to start a new business, or investing $500,000 in a Targeted Employment Area with
high unemployment or sparsely populated rural areas.

For direct investment investors, it is required to create jobs and directly employ more than
10 full-time US employees within two years after the approval of the I-526 application form.
For investors investing in regional center projects, it is necessary to demonstrate that the
regional center is operating in accordance with the business plan approved by the USCIS.
If you meet the promise of fulfilling the requirements of the Immigration Department, you
can apply for a permanent resident green card after two years.

According to the lawyer of Los Angeles, the EB-5 investment immigration application steps
include:

First, submit the I-526 form of “Foreign Entrepreneur Investment Immigration Application” to
the Immigration Bureau, including the legal proof of the required investment funds, and the
business plan. The supporting documents are accompanied by an application fee of
$1,500. The immigration office needs six to one year to process the application.

Second, to apply for identity adjustment. After the I-526 is approved, the applicant can start
applying for the Conditional Green Card, which is a temporary green card, and submit the
application form I-485 for adjustment of status to the Immigration Bureau. The trial process
takes about 6 to 12 months. Applicants who are not in the United States must apply for an
immigrant visa and conduct an immigrant visa interview and identity adjustment at the US
Consulate. Once approved, you will receive a two-year temporary green card that has the
same function as a permanent green card. Immediate family members (including spouses
and unmarried children under the age of 21) can apply for adjustment at the same time.

Finally, apply for a permanent green card. Within 90 days before the temporary green card
expires two years ago, the applicant submits the I-829 application form “Foreign
Entrepreneur Request for Exemption from Conditional Status Application” to the
Immigration Bureau for a period of six months to one year at a cost of US$3,750. If the
applicant meets all the requirements of the Immigration Department for all funds and jobs
for EB-5 immigrants, I-829 will be approved and will receive a permanent green card to
become a legal permanent resident of the United States.

It takes between three and a half to four years for an EB-5 immigrant investor to apply for a
permanent green card from the start of the application.

And for how to avoid traps, Los Angeles Chinese lawyer Zhang Jun said that regardless of
investing in any project, 100% insurance investment does not exist: "In fact, the US
investment immigration law requires that the investment must be venture capital.
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Therefore, when someone Telling whether there is no risk or zero risk is not in line with the
spirit of the US investment immigration law. Some investors may say that they are not
willing to take care of it, and that the money is paid into a green card. The problem is that
the United States does not In this situation, the green card is not sold."

Therefore, if foreign students want to apply for immigration, they need to know more in
advance through professional channels. It is best to invest in business directly. In this way,
many disputes and conflicts are also avoided. Otherwise, the last time spent, energy, and
money is more than worth the loss.

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