Responding to Target Letters in EB-5 and Other Immigration Fraud Investigations

Getting a target letter from the government related to an EB-5 or other immigration matter can be scary. But there are steps you can take to protect yourself and your rights. This article will walk through what target letters are, what they mean, and how best to respond to them.

What is a Target Letter?

A target letter is a letter sent by government investigators to someone they consider a target of an investigation. It lets the person know they are under investigation and invites them to share their side of the story or cooperate with the investigation.

Target letters don’t necessarily mean you’ve done anything wrong. But they do mean the government has reason to look into your case more closely. Some common reasons for EB-5 target letters include:

• Suspected visa fraud
• Misrepresentation on visa applications
• Investment funds obtained through illegal means
• Regional centers not meeting operational or reporting requirements

You may receive a target letter if the government has evidence of potential issues. Or it may just be a fishing expedition to see if you’ll reveal anything improper. Either way, take any target letter seriously.

Don’t Panic

It’s understandable to feel anxious if you get a target letter. You may worry about losing your visa, going to jail, or being deported. But try not to panic. Just getting a target letter does not mean you’ve been accused or charged with a crime.

Think of the letter as the start of a conversation – the government wants to ask you some questions. How you respond can greatly impact what happens next. So take some deep breaths and focus on crafting an appropriate response.

Get Legal Help

Never try to handle a target letter on your own. These letters begin complex legal processes best navigated with an experienced attorney. The right lawyer can protect your rights and interests at every stage.

Contact a qualified immigration attorney as soon as you receive a target letter. Time is of the essence, as you only have a limited window to respond. An attorney can assess your situation, explain your options, and guide your response.

Look for lawyers experienced specifically in EB-5 issues and immigration fraud cases. Understand the lawyer’s track record with cases like yours. And make sure you feel comfortable and confident with their approach.

Carefully Review the Letter

Provide your attorney with a copy of the target letter right away. Make sure to include any attachments or enclosures that came with it.

Your lawyer will carefully review everything line-by-line. They’ll assess what exactly the government is looking into. And they’ll explain what information you are required to provide.

Some key things for your attorney to look out for include:

• The specific allegations or areas of concern
• Any instructions about requesting an extension or delaying your response
• Mention of your Fifth Amendment rights against self-incrimination
• Requests for documents or other evidence
• Instructions for scheduling an interview or testimony

Understanding these details will inform the strategy for responding appropriately.

Consider Your Fifth Amendment Rights

The Fifth Amendment of the U.S. Constitution protects against self-incrimination. It means you cannot be compelled to provide testimony or evidence that could implicate you in criminal activity.

Your attorney can advise if it is wise to invoke your Fifth Amendment rights in responding to a target letter. This is a complex decision requiring deep legal knowledge and experience.

Things to consider include:

• Whether there are any criminal charges related to the investigation
• What admissions or evidence would potentially create legal exposure for you
• Whether to participate in interviews or provide documents
• How to avoid problematic testimony while still cooperating appropriately

Your attorney will handle invoking the Fifth Amendment properly to avoid creating any negative inferences against you.

Craft Your Response Carefully

With your attorney’s counsel, you can develop the right response strategy. This depends on factors like:

• The nature and scope of the allegations
• The strength of the evidence against you
• Your specific circumstances and visa history
• Mitigating factors or exculpatory evidence in your favor

Possible response strategies include:

• Full cooperation – Provide all requested evidence and testify openly. This shows good faith but requires carefully avoiding self-incrimination.
• Limited cooperation – Release only certain documents and/or testify narrowly. Carefully protect sensitive information.
• Asserting Fifth Amendment rights – Decline to provide testimony or evidence that could create legal exposure.
• Requesting an extension – Ask for more time to prepare your response and build your case.

Your attorney can help decide the right approach. The goal is providing appropriate cooperation without compromising your rights or interests.

Secure Supporting Evidence

Before responding, gather documents or other evidence that supports your case. This may include:

• Visa applications, petitions, and associated paperwork
• Investment agreements and funding records
• Emails, letters, or other communications
• Proof of direct job creation or other EB-5 program requirements being met
• Documentation showing normal business activities and accounting
• Bank and tax records
• Testimony or affidavits from associates, partners, or employees

Presenting such evidence can demonstrate you have nothing to hide. It also avoids over-relying on your own statements or recollection.

Your lawyer can help determine what evidence is worthwhile. Never provide originals – only copies. And be extremely careful about volunteering anything without your attorney’s review.

Follow Your Attorney’s Lead

With an experienced attorney guiding you, responding to a target letter is much less daunting. Follow their lead every step and don’t go off script.

Your lawyer will likely interface with investigators directly at first. This takes the pressure off you. It also ensures you don’t accidentally say the wrong thing.

If you do end up questioned or testifying, thoroughly prepare with your attorney. Practice keeping answers short, truthful, and focused only on the question asked.

No matter what, make sure your attorney reviews anything you plan to say, provide, or sign. Their guidance will help protect you throughout the process.

Don’t Wait to Act

Never let a target letter sit idle or try to handle it yourself. Contact qualified legal counsel immediately and work diligently to respond on time.

With the right legal strategy and support, you can get through an investigation smoothly. Stay calm, know your rights, and let an experienced attorney take the lead.