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NYC EB5 Visa Lawyer
If you’re on our website, it’s because you’re dealing with the EB-5 Immigrant Investor Program—or worried about potential complications with your EB-5 petition—and need a law firm that takes this as seriously. At Spodek Law Group, our premier New York criminal defense law firm, we have over 50 years of combined experience handling complex matters nationwide, including high-stakes immigration and federal investigations. Our goal: get you the best possible result, whether you’re applying for an EB-5 visa or fending off allegations of fraud.
Spodek Law Group Knows This Can Feel Overwhelming
The EB-5 program, outlined in 8 U.S.C. § 1153(b)(5), allows foreign investors to secure a green card by putting substantial capital into a U.S. business and creating at least ten full-time jobs. The minimum investment ranges from $800,000 in targeted employment areas to $1,050,000 in non-targeted areas. That might sound straightforward, but we know how complicated it can get once the government starts asking questions.
Often, USCIS demands extensive documentation to verify the source of your funds, your job creation plan, and the feasibility of your business. If they suspect wrongdoing—like falsified documents or hidden funding—they can escalate the matter to federal agencies, like the FBI or DHS. If you’re under scrutiny, don’t panic. We understand this terrain. We’re here to protect you at every stage.
Navigating State vs. Federal Issues
Many EB-5 cases stick to the realm of immigration law, handled by USCIS. But the moment there’s any whiff of money laundering, wire fraud, or securities violations, federal or state authorities can step in.
- Federal: Allegations of false statements under 18 U.S.C. § 1001, wire fraud under 18 U.S.C. § 1343, or money laundering under 18 U.S.C. §§ 1956, 1957.
- State: Possible securities law breaches if the regional center or investment structure crosses local regulatory lines.
In some situations, we’ve seen local agencies and federal prosecutors both target the same underlying conduct. While double jeopardy generally prevents multiple prosecutions by one sovereign, state and federal systems are separate. It’s rare to be charged twice, but it can happen. Our objective is to head off these scenarios early, or aggressively challenge them if they arise.
Defense Strategies: Real-Life Scenarios
At Spodek Law Group, we tailor our approach to your unique situation. Here’s how we strategize in different contexts:
- Source of Funds in Question
- Situation: USCIS suspects your investment capital originated from questionable overseas accounts.
- Our Approach: We assemble a paper trail—bank statements, wire transfer records, business documents—to show each step of the funds’ journey. We also address any irregularities upfront, ensuring the government doesn’t misinterpret innocent transactions.
- Goal: Demonstrate legitimacy, get the I-526 petition approved, and avoid potential money laundering charges.
- Misrepresentation Allegations
- Situation: You’re accused of inflating job creation or providing false info on your I-526/I-829.
- Our Approach: We pull out the full record—business plans, payroll logs, statements from managers. We look for inconsistencies in the government’s claims, highlight your good-faith actions, and correct any honest mistakes.
- Goal: Prevent a denial or referral to the U.S. Attorney’s Office for fraud, and keep your EB-5 path intact.
- Regional Center Misconduct
- Situation: The regional center you invested in faces accusations of diverting EB-5 funds. You had zero clue.
- Our Approach: We isolate your case from the center’s wrongdoing. We show that you relied on official statements, performed due diligence, and never had the intent—or knowledge—of any impropriety.
- Goal: Protect your EB-5 status, push for the center to answer for its misconduct, and keep you in good standing with USCIS.
- Federal Investigation for Wire Fraud
- Situation: Agents claim your investment was structured to defraud. They’re threatening an indictment under 18 U.S.C. § 1343.
- Our Approach: We treat this like any federal criminal matter—review the indictment, dissect the government’s evidence, and file motions to dismiss if their case is weak. We examine your communications and transactions for context, highlight any overreach by investigators, and negotiate if that’s in your best interest.
- Goal: Get the charges dropped or reduced, safeguard your immigration prospects, and shield you from heavy penalties.
- Double Jeopardy Concerns
- Situation: You settle a state enforcement action about your EB-5 project, only to see the federal government eyeing a new case for the same conduct.
- Our Approach: We argue the second prosecution is superfluous. While separate sovereigns can press charges independently, we emphasize fairness, highlight prior resolutions, and push to discourage duplicative action.
- Goal: Protect you from facing two sets of extreme penalties, and keep your immigration status secure.
Potential Penalties—and How We Minimize Them
If things spiral, you could lose your EB-5 investment, lose your green card, or face criminal charges. Penalties for wire fraud or money laundering often carry prison terms under federal sentencing guidelines. A conviction could trigger deportation proceedings if you’re not a U.S. citizen. But with a solid defense in place, many EB-5 issues can be resolved before they explode into crisis.
Major Concern | Real-World Impact | Spodek Strategy |
---|---|---|
I-526 Denial | Delays, lost investment, potential removal | Correct or supplement the record, show robust compliance |
Federal Criminal Charges | Prison time, large fines, immigration obstacles | File motions to dismiss, cross-examine evidence, negotiate |
Misconduct by Others | Guilty by association, even if you did nothing | Separate your actions, present proof of good faith |
Double Jeopardy Issues | Duplicative punishment in state and federal court | Advocate one resolution is enough, highlight fairness issues |
Why Choose Spodek Law Group
We’re not your average law firm. We have a track record of handling complicated criminal and immigration cases across the USA. Our attorneys are selective about who we work with because we believe each client deserves the utmost attention. We’re accessible 24/7, provide an online portal for all case communication, and pride ourselves on giving the best possible legal representation.
We’re relentless about defending your rights. We know what’s on the line—your money, your family’s future, your freedom. Whether you’re simply trying to secure your EB-5 green card or battling a federal probe, we focus on one thing: delivering results.