Published on 08/31/2015
Hello, my name is Vaughan de Kirby and I’m an investment immigration attorney from San Francisco. Our question today comes from a sophomore at the University of California at Berkeley.
She asks whether it would be possible for her parents to give her a gift of funds that she would in turn use as her investment capital for EB-5. The simple answer to this question is yes. This is a very, very common occurrence in EB-5 because parents are very concerned about their children and they are willing to make this gift.
From a practical standpoint, what happens is the parents will sign what is called an Affidavit of Gift. This is something that demonstrates that they are giving an unconditional gift to their child for the purposes of making the investment.
Their source of funds will be the same as other source of funds. We must demonstrate to the satisfaction of USCIS that their funds come from a lawful source.
So if your considering as this student talking to your parents about making a gift for EB-5 or if you are a parent thinking of making a gift to your child, this is a valid way to fund EB-5 for your university student in the United States. I hope this was helpful.
