I really need to see the Complaint in order to get to the real facts behind this strange case.
That said, it MIGHT be another case of someone trying to act like a Regional Center without being one. Since this was not a Regional Center Affiliated investment, its structure was unacceptable for EB-5 purposes. These folks have not necessarily lost any money, they still have the investments going on, BUT they are not getting immigration benefits from the deal and that was all they really wanted in the first place. The "mastermind(s)" of this deal filed suita gainst USCIS for revoking and/or denying the various investors I-526s. They had NO STANDING to do so. The "Real Estate" agency or agent(s) did not file anything with USCIS so they could not bring suit. It was up to the I-526 filers to pursue review first through AAO, but that was not mentioned as having happened. This is another example of what NOT to do in EB-5 deals.
I could not see the Complaint BUT I did find the Decision on the USCIS Motion to Dismiss of January 9, 2015, the Motion was Granted in part and Denied in part.
I provide highly-individualized training based on consultation with my clients. I serve Regional Center Principals and their counsel as well as pro... read more »