+1-800-997-1228

Free Evaluation

Please click here to get started
Questions and Answers > EB-5 Investments

How can my family members help me with my EB-5 investment?

When accepting gifts for my EB-5 investment, can that include funds from family member who is living in the U.S.? My family member has money invested in U.S. stocks and they would sell the stocks and give me the money as a gift towards my EB-5 investment. Does it matter that the source of money is from the U.S. rather than from a foreign country?

Click here for a Free Evaluation

Answers

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    There is no limit to how many people can give you gifts for an EB-5 investment. Each one of them will have to show they got the money legally.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The source of the funds can be from the United States as long as the source is lawful and can be documented as such. The USCIS will want to see a signed gift letter and the U.S. tax returns, and the bank statements of the donor. You also need to provide proof that any gift tax due was paid and/or reported on the donor''s U.S. tax return.

  • Avatar

    Kevin Michael Tracy

    Immigration Attorney
    Answered on

    They can gift the money to you. However, they will be required to show where the money came from.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    The EB-5 invested capital can be from any country, including the U.S. The funds must be from a legal source and owned/controlled by the investor (i.e., once the funds are gifted to you, the EB5 investor, they will become legally yours). All of this must be carefully demonstrated through objective evidence.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your family can gift the money to you, but they will have to show where they got it from. It is fine if the income is sourced from the U.S.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    No, it does not matter whether the money that is being gifted is from either the U.S or a foreign country.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    [They can help] as long as it is a legal source of funds, from in or out of the U.S.; it just can''t be a loan secured by the investment you are investing in. Gifts or loans from family members are fine, but it should be memorialized in writing.