Translated Documents
法律文书
法律翻译示例:投资移民条款
2022-06-25

1. The lawful permanent residence status initially granted to the Investing Member, his or her spouse and their qualifying children is "conditional"; the Investing Member, his or her spouse and their qualifying children must seek removal of conditions before the second anniversary of lawful permanent admission to the United States.
译文:最初授予投资股东、其配偶及其符合资格的子女的合法永久居留身份是“有条件”的;投资股东、其配偶及其符合资格的子女必须在获得美国的合法居留身份之日起两年内满足居留身份的条件。
2. There is no assurance that USCIS will consent to the removal of conditions as to the Investing Member, his or her spouse and their qualifying children. If an Investing Member fails to have conditions removed, the Investing Member, his or her spouse and their qualifying children will be required to leave the United States and may be placed in removal proceedings. Even if an Investing Member succeeds in having conditions removed, the Investing Member, his or her spouse and each of their qualifying children, separately, must have conditions removed. Failure to have conditions removed as to any of these family members may require some family members to depart from the United States and such family members may be placed in removal proceedings.
译文:不能保证投资股东、其配偶及其符合资格的子女一定能够满足移民局规定的条件。如果投资股东不满足这些条件,投资股东、其配偶及其符合资格的子女将必须离开美国,并可能对其执行遣送回国程序。即使投资股东满足了这些条件,该投资股东、其配偶及其每个符合资格的子女必须分别满足这些条件。如果任何家属不能满足这些条件,该家属可能必须离开美国,并可能对其执行遣送回国程序。
3. Examples of possible reasons for denial of the Investing Member's petition to remove conditions from permanent residence include: failure to maintain investment in the Project for the required two years, including as a result of a distribution or return of the Investing Member's invested capital before the time for removal of conditions on the Investing Member's residence, even if 10 jobs were created and are shown to be attributable to the Investing Member's investment in a Unit; failure of the Developer and/or its assignees to use all of the Investing Member's invested capital in job-creating activity in a way that is "at risk" to the Member, according to technical requirements of USCIS (some of which are not clearly articulated and which could change over time), even if 10 jobs were created; failure to demonstrate that the Investing Member's indirect investment in the Project has created 10 new jobs for US workers that can be allocated to such Investing Member (which may result from failure to meet the Project's economic milestones that were used as assumptions in projecting the indirect jobs that would be created by the Investing Member's indirect investment in the Project); and, even if the required 10 jobs were created and are shown to be attributable to the Investing Member's investment in a Unit, the Project's material departure from the business plan presented to USCIS in obtaining the Investing Member's initial I-526 Petition approval.
译文:投资股东无法获得永久居留身份的原因可能包括:即使已经创造了10个就业岗位,并证明是由于投资股东对股份单位的投资所创造的,但却未能在项目中维持两年的投资,包括由于在满足投资股东的居留身份条件之前该投资股东投资资本的分配或返还导致的;即使已经创造了10个就业岗位,但开发商和/或其受让人未能根据移民局的技术要求(其中有些是不明确的,并可能随着时间的变化而变化),将该投资股东的全部投资资本以对该股东有“风险”的方式用于创造就业岗位;不能证明该投资股东的投资已为美国工人创造了10个新的就业岗位,并且这些就业岗位可以分配给该投资股东(这可能是由于不满足用于预测由该投资股东的投资所创造的直接、间接和诱发就业岗位时假设的项目经济里程碑);即使创造了所要求的10个就业岗位,并证明是由于投资股东对股份单位的投资所创造的,但项目严重偏离了该投资股东申请批准《I-526申请表》时向移民局提交的商业计划。
4. The Company will seek as much information as possible from USCIS in an effort to assist Investing Members to qualify for the removal of conditions, where good business practices permit.
译文:在良好的商业惯例允许的情况下,公司将尽可能从移民局获取尽可能多的信息,以帮助投资股东满足这些条件。
5. This notwithstanding, Investing Members should become educated about the standards that will determine eligibility of an investor and the spouse or children of the investor to achieve unconditional lawful permanent residence in the United States pursuant to this program as the standards are constantly evolving.
译文:尽管有上述规定,投资股东应该了解投资股东、其配偶及其符合资格的子女根据《EB-5计划》申请美国永久居留身份时的资格标准,因为这些标准是不断变化的。
6. There is no reliable means to predict if such a delay will occur, or if it occurs, how long an investor or the spouse and qualifying children of the investor will wait before visa status becomes available for them.
译文:没有可靠的方法来预测是否会发生迟延,以及在发生迟延的情况下投资股东、其配偶及其符合资格的子女在取得签证之前需要等待多长时间。
7. The US Congress has imposed a limit of 10,000 visas per fiscal year for EB-5 investors and their families. In addition to the 10,000 worldwide limit, there are per country limitations that only apply if it appears that the 10,000 worldwide limit will be reached. The per country limit is 7% of the annual quota.
译文:美国国会对EB-5投资者及其家属颁发的签证限制在每个财政年度10000份。除了10000份的全球限制之外,只有在全球范围内达到10000份的限额时,才有适用于每个国家的限额。每个国家的限额是每年配额的7%。
8. This waiting list will not prevent the filing of the I-526 Petition and it will not impact the approval of the I-526 Petition, but will result in a delay in the issuance of the immigrant visa and entry to the US as a conditional permanent resident.
译文:在有候补名单的情况下不会禁止提交《I-526申请表》,也不影响《I-526申请表》的批准,但将会导致签发入境签证并作为有条件永久居民入境美国时发生迟延。
9. Presently, as long as the child is under age 21 when the I-526 Petition is filed, the child's age is frozen, meaning that the child can immigrate with the parent even if the child is over age 21 at the time of immigration.
译文:目前,只要提交《I-526申请表》时未成年子女年龄不足于二十一周岁,未成年子女的年龄就会被被冻结,这意味着即使该未成年子女在移民时超过二十一周岁,也可以与父母一起移民。
10. The EB-5 Program requires that an applicant be actively involved in the business affairs of the company in which the applicant invests. The failure of an Investing Member to be actively involved in the business affairs of the Company may jeopardize the I-526 Petition approval or result in the denial of lawful permanent residence status for the Investing Member, his or her spouse and their qualifying children.
译文:《EB-5计划》要求申请人积极参与申请人投资的公司的业务事宜。投资股东未能积极参与公司业务事宜,可能会影响《I-526申请表》的审批,也可能会导致投资股东及其配偶及合资格子女丧失合法永久居留身份。
 

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