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EB-5 Law & Related U.S. Law


FAQs on EB-5 law and related immigration law

[Q] Currently, how many designated Regional Centers are out there?

As of January 29, 2009, there are around 30 designated Regional Centers which have been approved by USCIS to put together EB-5 projects which comply with the parameters of their approved Regional Center. Note however that many of the Regional Centers are relatively new, and many of them have scant track records, and some have not even completed a successful project, let alone have any records of successful I-829 conditions removal cases. Therefore, selecting a suitable regional center and a suitable EB-5 project, in itself is an important and difficult task to a layman.

[Q] Is conditional permanent resident given the same rights as "permanent" resident under the U.S. immigration law?

Yes, under the U.S. immigration law, a conditional permanent resident has the same rights and obligations as the "permanent" resident. See below regulation.

Sec. 216.1 Definition of conditional permanent resident.

[Q] Is there any immigration classification which also requires conditional permanent residence stage?

[Q] Under the U.S. immigration law, is there any other immigration classification which requires an applicant to have to go through conditional residence status before obtaining "permanent" residence status?

Yes, an applicant is required to first go through the conditional residence status when the alien applies for green card based on his or her marriage to a U.S. citizen. For example, if an alien marries a U.S. citizen in May 2009 and interviews for immigrant visa let's say in December 2009, the alien will be given conditional residence status. Just like EB-5 category, the alien will have to apply for "permanent" residence status or often referred to as "conditions removal" 21 ~ 24 months after the acquisition of conditional permanent residence (CPR) status.