What does USCIS require for source of funds from a property sale?

Original purchase documentation is best, but secondary evidence may be accepted. Retaining an immigration lawyer is essential for these source of funding issues.

Generally, USCIS will ask that all documents regarding the purchase of a property be produced. Such a request is to prove that the investment fund is from a legal source just as well as to prove that laws of where the transaction took place were followed. The fact that a property was purchased more than five years ago does not mean the purchase could not be documented. Advisably, consult the seller, financial institutions, banks and other sources relating to the acquisition of the property in question. Advisably, consult an EB-5 attorney and other professionals who can help on documentation.

Generally, it requires that the delta between your purchase price and your sales price are sufficient to cover the minimum investment, i.e. $500,000. If they ask for documents, you have to do your best to provide any documents you have regarding the purchase price as well as the sales price.

If your EB-5 funds are from the proceeds of a house sale, normally, you need to provide the purchase agreement, deed, tax voucher, etc. You will also need to prove how you initially obtained this property. Because this can be a country-specific question, i.e. different counties may have different documentation to prove your financial capability to buy the property, you need to discuss with your immigration attorney regarding this issue. If you are an investor from mainland China, there are other ways to prove the purchase price.

Documentation evidencing purchase of property and lawful source of funds is required. If primary documentation cannot be produced, it must be explained why with the use of declarations or other secondary evidence. It is possible to obtain proof of purchase records from property registration authorities depending on your home country rules and regulations. You should consult an experienced EB-5 immigration attorney and he or she will be able to guide you on what types of alternative evidence may be used to meet the requirements.

You could produce bank statements showing the funds being deposited. If the property is in the United States, then you could obtain the records from the local Registry of Deeds. If outside the United States, I am not sure what you could do other than sign an affidavit taking oath as to the transaction.

You do need to document the source of funds to purchase the property. If you do not have the primary documents, then you need to explain why and then use secondary documents, such as a declaration from the parties involved explaining why primary documents are unavailable.

USCIS requires you to provide the property sale contract, property buy contract, proof of source of funds used to buy the property (such as employment verification, personal tax returns).