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.
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