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