How can I gift money to my daughter for her EB-5 application as a conditional green card holder? - EB5Investors.com

How can I gift money to my daughter for her EB-5 application as a conditional green card holder?

I just got my conditional green card through the EB-5 program. My daughter was already 21 years old when I applied, so I was not able to include her in my application. Now I am considering gifting her money so she could submit an EB-5 application herself. Will this will cause any risk to my own application?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Not a problem. Most cases we file for children are based on gifts. We have to do the same source of funds report to show how this money was earned or received.

Charles Foster

Charles Foster

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If you want to gift money to your adult 21-year-old daughter, you are certainly able to do so. If you document the gift, then your daughter can file her own EB-5 petition with the Form I-526. She should also document that the funds were gifted to her, as well as the information regarding your lawful source of funds.

Dale Schwartz

Dale Schwartz

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You can make a gift to her, but make sure you are not taking money out of your EB-5 investment to do so. Under our securities laws, an investor should have a net worth of $1 million or more (exclusive of their primary residence).

Anastasia White

Anastasia White

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No, it should not affect your own EB-5 application. Consider consulting with a tax attorney or a CPA, as there are might be gift and/or estate tax implications.

BoBi Ahn

BoBi Ahn

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Gifting money to your daughter so that she can independently process for EB-5 as an investor would not affect your EB-5 processing, as long as you are not taking money out of your EB-5 investment since you are still in the process of your EB-5 processing as a conditional permanent resident. You will need to be fully invested when you file to remove the conditions.

Salvatore Picataggio

Salvatore Picataggio

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It&#39s not the same money you used for the EB-5 investment, right? I would want to look at the details of the source of this batch of $500,000 and all the transfers, but otherwise I do not foresee an issue.

Vaughan de Kirby

Vaughan de Kirby

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A gift to your daughter will not in any way impact your current green card. I recommend you meet with an investment immigration attorney to move your daughter&#39s green card forward.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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You can give money to your daughter for her to apply for her own EB-5 petition. However, you will have to document how you earned the money and the source(s) must be legal. Finally, the gifting of the money should not have any risk to your own EB-5.

Marko Issever

Marko Issever

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There is absolutely no problem with you gifting funds to your daughter so that she could apply for the EB-5 program on her own. The same scrutiny you must have gone through in your own application with the source of funds will unfortunately need to be repeated again. But, if you are using similarly earned funds, this time around the source of funds exercise will hopefully be less onerous for you.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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I don&#39t see why a gift of funds would have any impact on your CPR status. More facts are needed to understand the specifics of your question.

Mark AM Catam, Esq

Mark AM Catam, Esq

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Yes, you can gift the funds to your daughter. It should not impact your own application.

Julia Roussinova

Julia Roussinova

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This should not create issues in connection with your own EB-5 application. Gift transactions should be properly documented and you must be able to demonstrate a lawful source for gifted funds. Hire an experienced EB-5 immigration attorney to competently document the gift transaction and prepare your daughter&#39s EB-5 petition.

Mitch Wexler

Mitch Wexler

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No. Of course, it must be a new qualifying investment.

Lynne Feldman

Lynne Feldman

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It should not.

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