EB5 Investors Magazine Volume 6, Issue 1 | Page 35

of government service. Vietnamese individuals may also derive ownership rights from prior use of barren land before 1993, a concept similar to adverse possession. In these circumstances, immigration attorneys may wish to seek written legal opinions from local Vietnamese counsel to support the basis of the investor’s real property ownership. Given the foregoing circumstances, it is helpful to remind USCIS that the legal standard in EB-5 adjudication is “preponderance of the evidence,” meaning that the cumulative evidence must only need to show that it is “more likely than not” that the investor has legal ownership over the pertinent real property. Due to Vietnam’s cash- and gold-based society, tracing legitimate source of funds relating to real estate may remain problematic for Vietnamese investors and their attorneys for years to come. Nevertheless, understanding Vietnamese financial customs, as well as knowing and identifying the available documents that can be provided to USCIS, is key to the preparation of an approvable case. KRISTI NGO Kristi Quynh Ngo is an associate attorney at SKT’s office in Long Beach, California. She focuses her practice on immigration matters, and her dedicated work has helped numerous families unite in the United States. Ngo’s diverse legal background further includes family law, international business and civil litigation. Ngo has a bachelor’s degree from University of California, Irvine. She earned her juris doctor from the Chapman University School of Law, with an emphasis in advocacy and dispute resolution. Ngo is fluent in Vietnamese and English. CATHARINE YEN Catharine Yen is an immigration attorney at Foster LLP. She focuses her practice on EB-5 investments. Yen has assisted EB-5 investors in obtaining their permanent resident status in the United States. She also helps her clients form regional centers, and counsels existing regional centers and developers on how to comply with EB-5 immigration law. She is licensed to practice law in California and Texas. Yen earned her bachelor’s degree from Rice University and her J.D. degree from the University of Houston Law Center. She is conversant in Mandarin Chinese. Sources: 1 There are over two million people of Vietnamese descent living in the U.S., U.S. Census Bureau, 2016 American Community Survey 1-Year Estimates, American FactFinder, 2016. 2 U.S. Department of State, Report of the Visa Office, Table V Immigrant Visas Issued and Adjustment of Status Subject to Numerical Limitations (by Foreign State of Chargeability), Part 3: 2017. 3 General Statistics Office of Vietnam, GDP Growth Rate of 2015, 2015 4 Pricewaterhousecoopers, The World in 2050, February 2017. 5 The World Bank, Financial Inclusion Data / Global Findex (Vietnam), 2014. PHUONG ANH "ANNE" TRAN Phuong Anh “Anne” Tran is the lead attorney at SKT’s HCMC Vietnam office. She specializes in corporate and investment law, and she has extensive experience in the healthcare and real estate industry. Additionally, Tran has served as in- house legal counsel as well as external legal advisor for risk-management issues for various firms. She received her law degree from Ho Chi Minh City University of Law. Tran also possesses a real estate broker certificate from Ho Chi Minh City Open University. EB5INVESTORS.COM 34