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What is a reasonable time interval between receiving gifted capitals and making an investment for EB-5?

I would like to gift $500,000 to my son for him to apply for EB-5. Would it look suspicious to USCIS if the gift and investment came too close? What is a reasonable time interval between receiving gifted money and making the investment?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on October 22, 2018

  There is no set time. The investment can be made as soon as the gift is made. Actually, the real requirement is that the source(s)of the money for the gift must be shown to be legal.

• Daniel A Zeft

  Immigration Attorney

  Answered on September 24, 2018

  After the $500,000 is credited to your son's bank account, your son could make the EB-5 investment of the $500,000 on the following day or on subsequent days.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 20, 2018

  There is no time gap necessary. You can gift it and he can invest it on the same day.

• Julia Roussinova

  Immigration Attorney

  Answered on September 19, 2018

  There is no gap in time that is required. You must disclose a gift transaction to the U.S. and properly document it. You also must trace the path of funds and show your original lawful source of funds for the gift to your son. Please hire an experienced EB-5 immigration attorney to assist you with the case.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on September 14, 2018

  Such a gift would be disclosed to USCIS, so there is nothing to be suspicious about.

• Lynne Feldman

  Immigration Attorney

  Answered on September 14, 2018

  This is very common and you do not need a gap in time. It just will need to be documented with a gift letter.

• BoBi Ahn

  Immigration Attorney

  Answered on September 14, 2018

  No, there is no "reasonable" time interval between receiving gifted funds which are used for EB-5. You just need to make sure you can show a lawful source of funds back to the gift giver.

• Abhinav Lohia

  Immigration Attorney

  Answered on September 13, 2018

  A gift from a parent is a legitimate and acceptable means of making an EB-5 investment. No cooling-off period is required.

• Dale Schwartz

  Immigration Attorney

  Answered on September 13, 2018

  You can do it immediately. Get a gift letter proving it is a gift.

• Jinhee Wilde

  Immigration Attorney

  Answered on September 13, 2018

  There is no time period to wait between the gift and investment. Since we have to track your source and path of money, the gift could be made and immediately used for investment as long as the SOF is reviewed.

• Robert West

  Immigration Attorney

  Answered on September 13, 2018

  I have had two cases with a gift. It is no big deal. The timing does not matter.

• Salvatore Picataggio

  Immigration Attorney

  Answered on September 13, 2018

  As long as the transfer and source of funds is supported by credible documentation, I do not think that the timeline matters that much.

• Charles Foster

  Immigration Attorney

  Answered on September 13, 2018

  There is no requirement that there will be a reasonable time interval between receiving a gift and making an investment of EB-5. As long as you can document that you made a bona fide gift and, more importantly, the source of the funds that comprise the $500,000 gift, there should not be an issue.

• Ying Lu

  Immigration Attorney

  Answered on September 13, 2018

  You can gift the capital to your son for EB-5 application. There is no requirement regarding the time interval between gifting and investment. However, you must be able to prove how you initially obtained the funds that you gifted to your son. For example, the funds might be the accumulation of your salary, the proceeds of selling a house, etc. You need to provide documentary evidence to prove the source.