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How can an investor still apply for EB-5 without source of funds documents?

I purchased my home over 10 years ago. I want to get a mortgage loan and use it for an EB-5 investment in a regional center. Am I required to prove how I purchased the house more than a decade ago? I'm not sure I have the documents to prove this. What would I need to prove the EB-5 source of funds in this case? What are my options if I don't have such documentation?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You will most likely have some records showing you purchased the home and possibly records demonstrating income prior to the purchase. Many real estate documents are recorded and can be obtained via a recorder's office, such as a deed, deed of trust, etc. You can demonstrate via secondary evidence if you do not have any primary evidence. An experienced EB-5 immigration attorney will be able to guide you.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may need to consider another source of funds for your investment or secondary evidence to show you indeed purchased the home. Working with an EB-5 attorney is essential to prepare an approvable authentication of your source of funds.

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    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 attorney will have the experience to advise you on what primary and secondary evidence can be used to show the authentication of the legal source of your investment funds.

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    John J Downey

    Immigration Attorney
    Answered on

    My guess is that they may request the source of funds for the purchase. If you paid cash and have no mortgage documents, you might provide a sworn affidavit explaining where the funds came from.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If it is decades ago, you can show via totality of circumstances.

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    Ian E Scott

    Immigration Attorney
    Answered on

    As the purchase occurred several years ago, you may not have to produce documentation regarding the original purchase, but USCIS may ask for proof of this. 10 years is a long time, but there should be some documentation that supports how you had the funds to purchase the home and that you purchased it. USCIS understands that it is more difficult to get documentation that is dated, but we have found that they are asking for documents further and further back.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, the source of funds documents are absolutely required and USCIS is getting tougher in reviewing them. Thus, you will need to show how you acquired the property 10 years ago, at least with 3-5 years of income tax reports preceding that purchase, as well as the sales records of the purchase.

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