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SAANICH · EB-5 FIELD GUIDE

What if the allocation remains disputed when the project seeks payment?

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THE DIRECT ANSWER

Obtain review of the actual rights and funding arrangement before relying on an unresolved amount.

Keep the uncertainty explicit

A project deadline cannot establish ownership of the proceeds. Do not present a disputed entitlement as settled merely to support the proposed transfer.

Keep one line for the project — funding closes, phases, reporting — and another for the immigration steps, ending with conditional residence and the Form I-829 petition to remove conditions, ordinarily filed during the 90 days before the second anniversary of that residence. The first review should create a sequence chart for business deadlines, immigration milestones, documents required before filing, later evidence and unresolved conditions. Avoid making school or employment commitments depend solely on a donor’s completed transfer when the relevant immigration stages remain unresolved. Track project developments as evidence without replacing the actual status timeline or promising that an operating approval will produce a visa. The decision is whether the family can tolerate uncertainty at each stage rather than assuming project construction timing controls government processing. The investor must obtain conditional permanent residence through the applicable immigrant admission or adjustment process, and later must satisfy the removal-of-conditions requirements; a project update cannot substitute for either adjudication. A first review should produce a source-and-path chronology, a financing diagram, a project document list, and a calendar that separates investment events from immigration milestones.