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

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.

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.

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.

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.

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.

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

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.