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Can I use gifted funds to apply for EB-5?

I am interested in investing in a regional center but do not have all the required funds. Is it acceptable that my uncle provides me with the money which he would show was legally obtained? Including the $500,000 gift, my net worth would add up to around $700,000 USD, would this restrict me for trying to apply for EB-5? I don''t know if this is relevant but my uncle’s net worth is way above the $1 million mark.

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, your uncle may gift you the funds for EB-5 provided he can show the lawful source of funds. Your uncle''s net worth is irrelevant.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Yes, you can use a gift as long as your uncle''s fund is from legal sources.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Yes, as long as, as you have stated, those funds were also legally obtained. Your personal net worth may also be relevant for a regional center investment, as you may need to comply with US SEC regulations for accredited investors.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Yes, gifted funds are permissible, but the lawfulness of the origin of the gifted funds must still be shown.

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    Jian X Kang

    Immigration Attorney
    Answered on

    You should be able to use the gifted funds as your investment. If you have any questions or concerns about this matter, please feel free to contact me.

  • Avatar

    Ali Farahmand

    Immigration Attorney
    Answered on

    Yes, you can use gifted funds as long as the person gifting you the funds can provide for the Source of his funds and their legality.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    You can use the gifted funds to apply for EB5. Your uncle''s net worth is irrelevant. I am not sure what your annual income is, however, based on your statement, you may qualify as a unaccredited investor.

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    Ed Beshara

    Immigration Attorney
    Answered on

    As an EB-5 investor you can use gifted funds as part of your investment requirement. It will depend on the type of securities offering, Reg D or Reg S, if you need to be a qualified investor.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    This will be acceptable. Many of our clients receive gifts from relatives to make EB-5 investment.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    Gifted funds are acceptable source of funds if property gifted and disclosed for the tax purposes in the country where you and your uncle have tax liabilities. Also note that your uncle has to show source of his total funds not just what he granted you. Make sure you use experienced attorney to assist you with your application. Good luck!

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    Joseph Best

    Immigration Attorney
    Answered on

    Gifts as a source of funds are fine so long as the gift can be shown to be a genuine bona fide gift to which you have complete total unassailable lawful title without condition. This means that it cannot be a secret loan. The only way that any sort of borrowed funds can be used is when those funds are secured by your own property. No matter what- something you own has to be put at risk to spur the economic activity necessary for the job creation required.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can use gifted fund. However, be prepared to document that your uncle''s money came from legitimate sources. If you need more information on how EB-5 fund documentation works, feel free to contact our office.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Yes, funds for EB-5 may come from a gift. Your attorney will draft an Affidavit of Gift to submit with your I-526. The person giving you the gift will need to demonstrate the source of the funds used for the gift.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; a legally-executed gift, along with proof of the lawful source of funds from the donor, is an acceptable way to obtain the necessary capital for EB-5 purposes.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    You can use gifts of cash/assets that you can use to invest in the EB-5 program. An individual is not required to show that their net worth is above $1 Million or any such mark;your net worth affects the EB-5 investment in that you need to be able to document the lawful source of funds for the investment amount. If your uncle is gifting you the $500,000, you and he would need to provide sufficient documents to clearly demonstrate how he was able to earn that money. You in turn would need to document the gift by way of written notarized statement; proof of having paid a "Gift Tax" if applicable in your home country etc.

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    Olga Karasik

    Immigration Attorney
    Answered on

    Yes, gifted funds are acceptable where you can show strong family ties and prove that it is really a gift.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can use gifted funds for the EB-5 Immigrant Investor processing as long as you can trace back the source of funds as being legitimate.

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