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How can I prove source of funds for EB-5 from dividends I have cashed out?

According to my bank statements, for the past 10 years, 90 percent of the dividends I received from my legal business was cashed out. Now I am planning to use the money and apply for EB-5. Does this look suspicious to USCIS? What would be a reasonable time between cashing in the investment money and filing the I-526? What are the chances of success in the proof of funds requirement? 

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no problem with using dividends that you cashed out, but you have to present the total picture so that USCIS can clearly see this was lawfully earned money.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Dividends are lawful source of funds if you can back it up by registration records for business, tax returns or equivalent financial documentation and bank statements. You should hire an experienced EB-5 immigration attorney who can guide you specifically and competently prepare your case.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    It is not unusual to use dividend money to invest in an EB-5 project; we have done many of those. As long as you paid taxes on the dividends, USCIS will allow them to count toward the minimum investment.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Dividends from a business are a valid source of funds as long as the corporate revenues and taxes filed justify the amounts of the dividend received. Please note that because the dividends are paid out over 10 years of time; you will need to show taxes and bank statements spanning those years. Your EB-5 attorney should walk you through this process carefully.

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    Hoang Tu

    Immigration Attorney
    Answered on

    You can use the dividends toward for proof of funds. We suggest that you document everything to the details for a good chance of success in the proof requirements.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    This should be fine. You will need other documentation, such as tax returns, to substantiate where the dividends came from.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Typically, in a cash-out situation, the records are usually available for both accounting and tax purposes. These are just few of sources where the records can be obtained. Also, the banking records should come in handy in proving the sources of your earnings are legal. There is no hard and fast rules; just put together all documents from various sources. Finally, these records should not trigger any suspicion on the part of the USCIS. However, if any request For evidence (RFE) comes up, be ready to provide detailed information and explanation to the USCIS.

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    Kyle Barella

    Immigration Attorney
    Answered on

    This would be an appropriate source of funds. We would need to ensure we provided proper documentation and evidence. This would include copies of bank statement extracts throughout the years, as well as any other evidence to demonstrate you maintained these funds personally when you made your investment.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You need the assistance of an EB-5 attorney to review your relationship with the company, right to these dividends, maintaining the payment in savings, etc., as well as what documentation is needed to prove each. With the right help it is possible you can file something approvable.

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    Charles Foster

    Immigration Attorney
    Answered on

    Based upon the information you provided, you would simply show your bank statements for the past 10 years and the dividends that you received from your business, so they would total the minimum investment of $500,000. In terms of a reasonable time, there would be no minimum reasonable period of time, provided that you can demonstrate a lawful source of funds.

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