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How far back must EB-5 funds be documented?

I plan to use my income to establish the source of funds for EB-5. I previously transferred a portion of my income to my parents overseas and I need to get that money back from them in order to have enough money for EB-5. How far back must EB-5 source of funds documentation go? Do I need to show the paper trail of the money between the time my parents received it and when they send it back to me? My concern is that this information may be difficult to collect as they have moved the money around since then.

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It may be possible to come up with alternative documentation if bank wire transcripts are not available for some reason due to length of time, such as declarations supported by your income records and tax returns demonstrating sufficient accumulation of income over a period of time.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The standard of proof in an I-526 petition is to show by a preponderance of the evidence that the invested capital was lawfully obtained. This means that a petitioner need only show that it is more likely than not that the funds were lawfully obtained. It is important to try to get as much evidence as possible regarding the lawful source of funds, even if it was a long time ago, and even if it is very difficult. If primary evidence, such as bank statements, tax returns, and receipts are not available because the transactions were many years ago, then try to obtain secondary evidence, such as affidavits, letters or other documents that might show the transactions more likely than not occurred. An experienced EB-5 immigration attorney might be able to suggest other evidence that you have not thought about, or even consult with you and plan out an alternative lawful source of funds than can be documented properly.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no set limit on how far back you need to go in order to prove the source of funds. The key is all the money that you are gathering for EB-5 purposes must be documented and that you meet the EB-5 investor eligibility. In your situation, since you are gathering the investment funds based on your income, as long as you document your total income over the years being more than enough for the investment, you may not have to show what your parents did with your money after you sent them. Of course, you need to show the wire out to them and then wire in from them.

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