如果我的 EB-5 投资款是父母赠与的,USCIS 会审查什么?
USCIS 不仅会审查赠与本身,还会审查您父母如何合法取得赠与资金,以及这笔资金最终如何进入 EB-5 投资项目。如果赠与资金来源于某项资产的出售,仅提供出售的证明文件可能并不足够。USCIS 还可能进一步审查您父母最初是如何取得该资产的,以及当初用于购买该资产的资金是否为合法取得。
我们曾审阅过一则案例:投资人的 EB-5 申请因父母购置相关资产时所使用的原始资金来源缺乏充分证明而被拒。此外,后续资金流转过程中的部分交易记录也引发了额外的资金来源审查问题。
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相关问题
Tax records can be important evidence that investment funds were earned or obtained lawfully and, in a gift case, that the donor had the financial ability to provide the funds. Missing or inconsistent tax records can create gaps in the source-of-funds documentation, especially when the claimed source is salary, business income or other taxable earnings. Depending on how the funds were earned, transferred or gifted, relevant records may come from more than one country, and separate U.S. tax or reporting requirements may also need to be considered.
No. Approval of the project’s Form I-956F does not guarantee approval of an individual investor’s Form I-526E. USCIS still separately reviews whether each investor meets the EB-5 requirements, including whether the investment funds came from a lawful source and whether the path of the funds is properly documented. We have reviewed a case where the project-level filing had already been approved, but the investor’s petition was still denied because of problems with the source-of-funds documentation, missing tax records and inconsistencies in the filing.
Yes. USCIS reviews the evidence in an EB-5 filing as a whole, and material inconsistencies can create questions about whether the source and path of your investment funds have been sufficiently established.
For example, conflicting information about your employment, income, property ownership, financial transactions or the movement of funds can become significant if it affects the claimed source of your investment. An inconsistency does not automatically mean the case will be denied, but material discrepancies should be identified, explained and, where possible, supported by objective documentation.
It is better to reconcile these issues before filing rather than wait for USCIS to raise them later.