+1-800-997-1228
Questions & Answers

How can the adopted foreign-born son of a U.S. citizen apply for EB-5?

I am an American citizen who has completed the U.S. adult adoption process of a foreign-born son, adopted at the age of 18. The adoption occurred in U.S. courts and he travels to the United States on an ESTA program. Can he be gifted, by me, the funds to participate in the EB-5 visa program? Is EB-5 the fastest immigration route available to him?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Certainly, the fund(s) for an EB-5 can come from a gift. However, in your specific situation, EB-5 is not applicable. Based on your facts, as an adopted child, your child is not a foreigner and as such is not qualified for EB-5. This child deserves to be brought into the United States as an adoptee; the process for this is well-laid out there. Advisably, consult an immigration attorney on this matter before you proceed further.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Whether or not an EB-5 route is the best or fastest option will require a consultation with an experienced immigration attorney. Funds may definitely be gifted by you as long as you can prove the lawful source of the gifted funds, funds are traceable, and proper documentation is prepared for the gift.

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Yes, he can be gifted the money. The money should be put in a bank account in his name. The invested money will be traced to prove the lawful source of the funds.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Aside from the related immigration issues raised by your question, any EB-5 investor can receive the funds by gift, whether given by a family member or a friend; a familial relationship is not required by the current EB-5 laws and regulations. The source of funds documentation would include a gift letter, confirming that the funds do not need to be repaid, and it would include a full complement of evidence proving the lawful source of funds from the donor of the gift. As for whether or not EB-5 is the fastest immigration route, that would depend upon all of the details and circumstances surrounding his specific immigration situation. You should have an experienced immigration attorney review all of the documents to determine the best route forward for him.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Gifts can be an acceptable source of funds, provided that there is truly no expectation of repayment. Familial relationship is not a requirement. EB-5 is one of the more direct ways to a green card, but you would want to discuss all of your options.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    Yes, you may gift the investment amount to him. The timing right now is about 14 months to process the application once it is filed.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A gift followed by EB-5 is likely one of your best options.

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.