I will file my application in January, but I am still having some issues with documentation for a couple of savings I am using as investment money. I decided on a direct investment because I want to have more control over my capital and because my family already living in the U.S. is behind the business. My attorney explains the need for having everything detailed to the last penny, and I understand the importance. However, I am concerned about how my application will be handled by the immigration agency in charge. I see there’s a lot of discussion about source of funds and my fear is that even with all the effort we put in place, there seems to be more restrictions as to the origins of the money. My investment is a bit time sensitive, so I am concerned that my application will be rejected, or that I will be required to file more documents.
Answers
Lynne Feldman
Immigration Attorneys DirectoryUSCIS is primarily looking for money laundered or drug money, so they need you to document exactly where your investment came from. A Declaration can sometimes be used if you are lacking some minor documentation.
Yuliya Veremiyenko-Campos
Immigration Attorneys DirectoryYour attorney is correct. The more details you provide for your source of funds in the petition, the better chances of approval and less chances of getting a request for evidence. If you are having trouble obtaining certain documents, you should discus with your attorney alternatives.
Andres Echevarria
Immigration Attorneys DirectoryUSCIS takes the "source of funds" requirement very seriously. USCIS expects comprehensive documentation to trace the funds from their original source to the investment. This includes both the source and the path of Funds. USCIS may ask for more evidence or clarifications on the source of funds, and they often do. However, this should not be cause for concern as long as your source is lawful, you have all the supporting evidence and you follow the advice of an experienced EB-5 lawyer.
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