I plan to officially sell my property in October 2025, but I would like to file my I-526 petition in April 2025 to secure an earlier priority date and protect my child’s age under the Child Status Protection Act (CSPA).
To support this, I have negotiated a deposit agreement with the buyer of my property. Under this agreement, the buyer has paid me $100,000 as a deposit, with the condition that the remaining $700,000 USD will be paid by October 2025 once the buyer’s financing is ready. The agreement also states that if the transaction does not close within 6 months, the buyer will forfeit the $100K deposit.
I have also identified a regional center that accepts the partial investment structure and is willing to accommodate my payment timeline.
Given these details, I’d appreciate your insights on whether this structure would meet USCIS requirements, especially regarding the lawful source of funds, availability of capital, and compliance with EB-5 regulations. Based on this setup, do you foresee any issues with filing the I-526 in April 2025?
Answers
Lynne Feldman
Immigration attorneysUSCIS instructions say:
Item Number 5. Dates and Amounts of Your Investment. Provide the date(s) and amount(s) of your investment in the NCE in a month/day/year format. If you are actively in the process of investing capital, provide the date(s) and amount(s) you anticipate making the investment.
Tony W. Wong
Immigration attorneysYes, you can file the I-526E with partial investment payment. In the I-526E petition, you must need to prove that you are actively in the process of investment. You may need to sign a promissory note with the new commercial enterprise. The promissory must be properly drafted to reflect you are actively investing. You should consulate an experienced attorney.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.