+1-800-997-1228
Questions & Answers

Can I use gifted real estate funds for my EB-5 visa?

My uncle is willing to sponsor my EB-5 visa and gift me $500,000. He owns real estate with a market value of $700,000 and can prove lawful source of the funds used for purchasing the real estate. If he sells the real estate to his friend and officially gifts me the money showing trace of funds from his to my account and proof of payment of sales and gift taxes, would it qualify as lawful source of funds for me? Are there any restrictions for how long the real estate has to stay in new ownership in case my uncle would like to buy the real estate back from his friend later?

Answers

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, if your uncle gifts the funds and the source of funds is satisfactorily documented, you may qualify. Also, there is no restriction on duration of real estate under new ownership.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 regulations and policies allow personal funds from a relative or friend to be gifted to the foreign national investor, who in turns invest these personal funds into the new commercial enterprise which complies with the terms of the required investment.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes, a gift is a lawful source of funds, and the sale of real estate is appropriate to show where the gifted funds came from. Be prepared to document how your uncle earned the funds to buy the real property in the first place. Everything must be clearly documented, included the path and flow of the funds from the buyer to your uncle to you, the investor. There is no restriction on how long the real estate has to stay in new ownership.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can use gifted real estate funds for the EB-5 visa, particularly if the funds come from lawful source(s). The length of how long the real estate can stay depends on the terms of the EB-5 project you invest in either through a regional center (RC) or not. Make sure you arrange the investment with the help of your immigration attorney.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If he is willing to sell the real estate and give that as a gift, it will be fine. You will need to provide the HUD-1 or some other settlement papers showing the transaction amount that will be deposited into his account and then transferred to you. An experienced EB-5 attorney will be able to walk you through the process and help you with the document preparation, including but not limited to a gift letter from your uncle to you.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, you can used gifted funds for an EB-5 investment. We have done this successfully many times. Let me know if we can assist you.

  • Avatar

    Cory A Richards

    Immigration Attorney
    Answered on

    Yes. You may use gifted funds for an EB-5 investment. The caveat is that the giftor must be able to provide all the materials USCIS requires to prove lawful source and path of funds. Further, there must be an affidavit in place that the giftor gifts the funds with no intent of being repaid. There must also be proof that the required gift tax has been paid (if applicable). Otherwise, there must be another affidavit in place that gift tax is not applicable.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    What you have described could work, but you need an attorney experienced with the authentication of sources of funds (like our law firm) to ensure you have the proper information and documentation necessary to receive an approval from USCIS.

  • Avatar

    Philip H Teplen

    Immigration Attorney
    Answered on

    There are no restrictions on how long an asset needs to be held. The only issue is being able to prove legality of funds.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you can use gifted funds, but we have to show where your uncle got the money to buy the real estate so he needs to cooperate with preparation of the source of funds report.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.