What are my options if my source of funds documents for an I-526 are unavailable?

Documenting (explaining) the legal source of funds is the key requirement for I-526. An experienced EB-5 immigration attorney will be able to guide you what alternative evidence may be included with your I-526 petition if certain documents may not be available, or find ways to make them available. Please consult an experienced attorney before proceeding with your EB-5 investment.

Your attorney should tell you whether the documentation is complete. If some documents for source of funds are not available, try some alternatives and explain it to USCIS.

Source/legality of funds is always a critical part of the application and it is essential that you properly explain the source of the funds. This is typically done with some form of combination, including: tax returns, bank statements, business information, accountant statements, inheritance, etc. This is just a brief sample.

With the assistance of an experienced EB-5 attorney, the source of funds may be initially and immediately reviewed to determine if the lawful source can be authenticated and the transfer can be lawful.

You should consult with an experienced EB-5 attorney about your source of funds. It''s hard to determine what other visa options will be available to you if you do not meet the EB-5 requirements, as we need to know your background first.

Evidence of a lawful source of funds is one of the requirements for EB-5 immigrant investor petition processing, so you must provide the documentation. However, you have some options in terms of what documents to provide to meet this requirement. You may prove a lawful source of funds by providing any kind of document showing assets or sales and purchases. These can be in the form of bank statements, foreign business registration records, corporate, partnership and personal tax returns within the last five years, or a sales contract or deed or sale document showing funds gained from a sale of property or business, and/or any evidence or document identifying other sources of capital. Generally, source of funds documentation is considered "incomplete" if there is a claim that a particular source of funding comes from a business or a sale, without a specific document identifying or supporting it. Without knowing the full extent of your funding source or situation, the general rule is, bank records, sales records, or any form of documentation or evidence of your capital and source of capital may be appropriate.

Before an I-526 petition is denied, USCIS will generally issue a request for evidence. Your immigration attorney should know what information is required to ensure a complete source of funds. If for some reason you are unable to obtain required documents, there are a few options your attorney can do.

Documentation establishing that the invested capital was lawfully obtained is a legal requirement for EB-5. You should have an experienced EB-5 immigration attorney review your source of funds documentation with you prior to deciding whether or not to make an EB-5 investment.

Each dollar used for the investment must be accounted for, both its source and its transfer. Retain qualified and experienced EB-5 counsel to prepare and/or review the source of funds. If you cannot show the source and transfer of funds, you need to find a source of funds with documentation. Without documentation, USCIS will not approve the case.

If you cannot show where you got the money to invest, then you cannot be approved. The source must be legal, and you must own the funds, they cannot be a loan.

If you cannot prove where your money came from, you cannot participate in the EB-5 program. This is the key step. If the USCIS is not satisfied with the legal source of funds, they will not allow you to proceed with the investment.