If you pass away during the EB-5

If you pass away during the EB-5 investment process, the handling of your investment typically depends on several factors, including the terms of your investment agreement, your estate planning arrangements, and the stage of the EB-5 process. Here’s what generally happens:

1. Investment Agreement Terms

· Beneficiaries: In most EB-5 investment agreements, there is a provision for the transfer of the investor’s interest in the project to their estate or designated beneficiaries. The legal heirs or beneficiaries named in your will, trust, or other estate planning documents would typically receive any return on the investment, subject to the agreement terms.

· Project Success: If the project succeeds and capital is returned, your heirs or beneficiaries would be entitled to the same financial returns you were due.

2. Stage of the Immigration Process

· Before I-526 Approval: If you pass away before your I-526 petition is approved, your family members might face difficulties continuing with the immigration process, as the EB-5 investment is personally tied to you.

· After I-526 Approval (Conditional Green Card): If your I-526 petition has been approved and your family members have received conditional green cards, they may be able to continue the immigration process without you.

· After I-829 Approval (Permanent Green Card): If you have already received your permanent green card, the failure or success of the project would no longer impact your or your family’s immigration status. Your heirs or beneficiaries would then be eligible to receive your investment based on the project’s success and the investment terms.

3. Estate Planning

· Wills and Trusts: Your investment would typically be handled according to your will or trust. You should ensure that your EB-5 investment is clearly outlined in your estate planning documents so that it is distributed to your heirs properly.

· Probate Process: In the absence of a will or trust, the investment would likely go through probate, where a court would determine how your assets, including the EB-5 investment, are distributed according to local inheritance laws.

4. Consult Legal Advisors

· It’s important to consult with both immigration and estate planning attorneys to ensure that your EB-5 investment and any returns are handled properly in the event of your death. Legal planning can ensure a smooth transfer of your investment to your

beneficiaries.

In summary, if you die, your investment will likely be passed on to your beneficiaries or legal heirs, depending on your estate planning and the specifics of your EB-5 investment agreement.