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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

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    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.

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    Charles Foster

    Immigration Attorney
    Answered on

    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.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    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).

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    Anastasia White

    Immigration Attorney
    Answered on

    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.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not.

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    Mitch Wexler

    Immigration Attorney
    Answered on

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

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

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

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    Julia Roussinova

    Immigration Attorney
    Answered on

    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's EB-5 petition.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    I don't 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.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    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.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    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.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    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.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    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's green card forward.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It's 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.

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