How far back are source of funds traced with a bank loan? - EB5Investors.com

How far back are source of funds traced with a bank loan?

If I get a mortgage from a well-established bank and my personal property, a building which is worth well over the mortgage amount, is the security, must I provide details of where I obtained the money to buy the building? I am not sure what details USCIS will investigate related to the purchase of the building, which was purchased in January 2016. How far back are the source of funds tracked in this type of transaction?

Answers

Salvatore Picataggio

Salvatore Picataggio

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

USCIS will go back far to investigate your source of funds! Please consult with an attorney to make sure you are prepared.

Ed Beshara

Ed Beshara

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It is advisable to prove the lawful source of the funds you used to purchase the property. The year 2016 is not too far back to be able to collect documents to prove the lawful source of funds.

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

There is no set time limit for tracking funds. On average, you must demonstrate at least 5 years worth of tax returns and other financial documents depending on the source of funds. You must certainly be able to demonstrate a lawful source of funds for the original purchase of the building. If primary evidence is not available, you may include sworn declarations supported by secondary evidence.

Charles Foster

Charles Foster

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

In order to show a lawful source of funds, given the fact that the building you acquired is the basis upon which you secured a loan from your bank, it would be necessary to show the source of funds of at least up to $500,000 with the respect to the funds used to acquire the building.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If the building was purchased recently in 2016, you certainly have to show where you got the funds to purchase this building. There used to be an unwritten 7-year rule but now we are seeing requests where the property was purchased over 20 prior.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

We include purchase documents in similar scenarios.

Jinhee Wilde

Jinhee Wilde

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, you must show how you purchased the building. If you make significant income each year and the purchase of the building could have been made with just a few years of your income, you do not have to go back that far. However, many people must save for 10 years or more to purchase a building worth much more than the investment amount. Thus, it will depend on your income source, including but not limited to salary, bonuses, investment increases, etc. It is normal to go back at least through 5-7 years of tax returns or financial statements when preparing the source of fund documents.

Anthony Korda

Anthony Korda

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If the investment is sourced by a bank loan, the bank will not be required to prove a lawful source. However, the loan must be secured by the asset(s) owned by the investor and the investor will have to prove that the asset(s) were lawfully sourced.

Ying Lu

Ying Lu

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Yes, you need to provide evidence that shows how you initially acquired this building.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You are required to provide as much information as possible. In the case of a real estate transaction, you should produce the title, closing documents that show when you bought the property and when you sold itthis will reveal where you got money to buy the property and how much you earned when you sold it. The essence of this documentation is to prove that your EB-5 investment fund is from a legal source.

BoBi Ahn

BoBi Ahn

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

That should be fine but, since the purchase was so recent, they may request copies of your income tax and/or salary to show how you were able to purchase the building.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.