I’m from Peru, and most of my family’s finances come from inheritances. It is a common practice that now I am finding difficult to manage because I want to apply for the EB-5 visa using my part of the money. It’s getting difficult to track some of it because it was not common back then to have the information in so many detail. I wonder if I could get a loan and use the inheritance as a guarantee. Would this allow me to use this money as EB-5 capital if I don’t actually spend it in the EB-5 investment?
Answers
Bernard P Wolfsdorf
Immigration attorneysIf it’s a legitimate good faith loan then this may be an option.
Ying Lu
Immigration attorneysIf you use the inheritance as a collateral to the loan, you still need to prove how you initially acquired the inheritance. How far back you need to trace back the inheritance depends on your specific case. For immigration cases, the standard of the burden of proof is by the preponderance of evidence, which means that what you claim is more likely to be true than not, i.e. >50% possibility. It is a relatively easier burden of proof.
Lynne Feldman
Immigration attorneysIt sounds like it may work provided the loan is not secured by the project you are investing in, but would need more details to accurately advise you.
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