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What is the requirement of the financial wellness of an EB-5 investor?

Are there any requirements of the financial wellness of an individual making an EB-5 investment in a regional center? Two years ago, I was in an individual voluntary arrangement for one of my debts. Would this cause any issues to my application?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    All immigrants must show that they will not be a public charge. When considering the likelihood of an applicant becoming a public charge, the officer must take into account the totality of the applicant's circumstances at the time of visa application, including, at a minimum, age, health, family status, assets, resources, financial status, education and skills. You might have to show how this is in the past and how you managed to recover.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No. It should not. The most important criteria is that you need to be able to prove the source of your funds. Moreover, you might need to pass the accredited investor test.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There are some requirements to be an "accredited" investor based on net worth or income. A single issue like this may not be a problem, but I would want to look into it with a securities attorney.

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    Charles Foster

    Immigration Attorney
    Answered on

    The fact that you were in an involuntary arrangement for one of your debts, in and of itself, does not prevent you from being a qualified EB-5 investor, provided that you have sufficient resources to meet the required lawful source of funds.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Most projects have solvency tests.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you plan to invest through a project in a USCIS-approved regional center, then you should be able to demonstrate you are an accredited investor to the regional center. USCIS does not have such requirement and voluntary debt arrangement should not otherwise impact your case as long as you have sufficient funds for EB-5 investment that originate from a lawful source of funds and can be documented and traced.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you have the required funds, then this should not be an issue.

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    Phuong Le

    Immigration Attorney
    Answered on

    The only requirement is for you to prove the lawful source of funds for your $500,000 investment. No requirement for overall financial health.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    There is no such requirement. While there may be an investigation of the source(s) of fund of an EB-5 investor, hardily does any emphasis laid on financial wellness of an EB-5 investor. Advisably, discuss at length with an EB-5 attorney on the your alternatives before you proceed to EB-5 investment.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For EB-5 you need to be able to source your funds that you are investing in to a legal/lawful source (i.e., income, investment, gift, inheritance, etc.). You may have to include explanation of your prior financial situation regarding your debts, but it would not affect the processing as long as your funds are traceable.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    You have to be a qualified investor. You have to have enough money to invest. Must carefully document the sources of the fund. If I understand your comment correctly, "individual voluntary arrangement for one of my debts," it should not affect your ability to apply for EB-5.

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