Different Law Systems May Impact Your EB-5 Application

Published on 11/23/2015

Hello, I’m Vaughan de Kirby. As you know, in our brief videos we try to discuss matters that come up in our practice. And this is a good example. How do the laws in my country, which is different than in the United States, impact my EB-5 application?

Too often attorneys and clients just assume that the law in their home country and the law in the United States are going to be the same. Yes, in the United States, we do share the common law of the UK, but other than that, our law is very unique, as is the law of most home countries.

A good example of this are the business entities that might be recognized in your home country, the ownership of property may be memorialized in a different way than it is in the United States, and even the security interest that someone may have in a particular piece of property may also be different than what we experience in the United States.

The reason this is important is because a key part of your application is going to be source of funds. And the differences in the law of your home country and the United States can impact the source of funds, the evidence you’re going to be able to provide.

Now I’m happy to say that our firm, we have the Director of EB-5 Department, who is a California State Bar registered foreign legal consultant. This means that this member of our team can give a legal opinion of the home country for our clients. This is a very important thing that we found to be important to our clients.

Now if you’re working with another attorney, and that attorney has said that the law in your home country doesn’t match the United States, and doesn’t know how to handle this, you can recommend your attorney, if they don’t have someone like we do on staff, they can go to the state bar in the particular state. In California, you can go to the state bar and you can look and see who is actually registered as a foreign legal consultant. You can then find that legal consultant, or your attorney can, and they can get a legal opinion and they can use that in your application. This is a key to getting your application approved.

I hope this information is helpful. Let your attorney know that the state bar in your state may in fact have these legal consultants registered with them, people that you can consult. Thank you!

If you have any questions, please feel free to contact us or call 415-221-2345.

Vaughan de Kirby
Connect with me
San Francisco California EB-5 Investment Immigration Attorney


Green Cards, Visas, and Permanent Residency Options for Latin American Families

Latino families can become permanent residents in the U.S. with the help of a CA immigration lawyer. Click here to learn about the benefits of EB-5 visas.

View Details

The Quickest Path to a Green Card and U.S. Educational Opportunities for European Investors May Be EB-5

Europeans who make a significant investment in a business enterprise in the U.S. can earn green cards and access to American universities through EB-5.

View Details

Middle East Investors Can Send Their Children to U.S. Universities With EB-5 Green Cards

If you have money to invest in an American business enterprise, you may qualify for the EB-5 program, which opens the door to educational opportunities.

View Details