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"Source of Funds" in US Investment Visa Cases?
Transcript of the above video:
As the title of this video suggests, we are discussing US Investment Visas; not something I talk about a ton. I am working, recently I have taken in some cases involving Investment Visas; primarily we do family-based Immigration here but occasionally I will take those on.
One thing that always comes up in an investment Visa case - be it like an E-2 or even, it depends, an EB-5 you see this a lot - where basically somebody is investing in the US; they are using that investment as a basis for the Visa itself and then you need to show where you got the money basically. I've had problems on these kind of cases in the past. It can be very persnickety proving up where you got it. Sometimes they want to see really detailed: in one case we had a situation involving there was a business over here, and then they were putting in a sort of - it wasn't exactly a branch - they were investing in a new investment there, but they were using revenue from this business to put into that business, and showing all the tax receipts and everything was a very cumbersome endeavour associated with that process. It just can be.
Look, at the end of the day, basically the Immigration apparatus and the folks at the Department of Homeland Security as well as the Department of State, they want to ascertain that these are not ill-gotten gains; they want to make sure that the source of the funds is not from something nefarious. And as a result of that, you're going to have to jump through some fairly significant hoops associated with proving up where you got the money. Now sometimes, some things can be a little bit more straightforward. For example, sale of a property where you sell a house and you say "I want to move to the US and invest in this business," - that may be a little bit more straightforward than for example revenue from a business operation or revenue that accrues to one personally over time. Proving that up can be a little bit problematic. Again it is all going to be driven by the specific circumstances in the underlying case.
Those who feel a bit overwhelmed about these things, it may not be a terrible idea to contact a legal professional, gain some insight guidance into how best to proceed.