How can I use a loan secured by the property of my father to invest in EB-5?

In this situation, there is a potential problem because the property which is the collateral is not yours. There could be a better arrangement and you should explore it. For instance, your father, the owner of the property, can obtain the mortgage and then loan you the money. Under this arrangement your father is essentially acting as the donor/borrower of the EB-5 investment fund to you and he can certainly prove/document that the source of the fund (title) is his property. Advisably, contact an EB-5 attorney before you proceed to ensure that your EB-5 petition is well planned.

If a loan is the source of funds for an EB-5 investment, then this loan must be secured by the personal collateral of the EB-5 investor. You must have title to the property.

Your father has to gift you the money before it is invested. If he gifts you the property, that is much better.

Loan proceeds can used for EB-5, but a loan must be in your name and secured by collateral owned in your name as the principal EB-5 investor. Property must also be appraised to show an appraised value equal to or more than the loan proceeds. Alternatively, your father may gift you the loaned money but loan documentation must be reviewed with the EB-5 attorney.

Since it is your father&#39s property, he would have to be the one to mortgage it. Then perhaps he can loan you the money from that transaction. You should have a loan document evidencing the transfer of funds to you, or your father can gift the funds to you as well.

You can use a loan or money from a mortgaged property to use toward the EB-5 visa. You would need to keep all of the paperwork to show the mortgage, the value of the home, the amount of money taken out, etc. USCIS will also look at your financial viability other than the money you obtain from the mortgage to ensure that you are able to follow through with the requirements of the EB-5.

This can work, but documents will need to be drafted to show the legal source of funds.

USCIS has required loans to be secured by personal assets. Working with an immigration attorney will help you properly document the source and transfer of funds.

This can cause an issue. USCIS has in the past taken issue with investors taking a loan against a property that is not theirs. To overcome this, your father can take a loan against property and gift the proceeds to you.

The current policy is that a loan must be secured by a property/asset secured by an investor. This is the new indebtedness policy since about three years ago.

This is not a valid SOF; collateral must be owned by the investor.

Either have your father borrow the money (using the property as collateral) and then give you the money as a gift (not a loan), or deed the property to you as a gift (not a loan). And then you borrow against the property (using the property as collateral).