2015/02/26 -- USCIS Interactive Teleconference on Lawful Source Issues


On Feb. 26, 2015, USCIS held an "interactive" teleconference explaining guidance on the lawful source issues and also answering some questions. Here, I will list several items I found useful.

1. When evidencing lawful source, administrative fee portion can be excluded, which means only the requisite $500,000 USD need to be accounted for lawful source wise.

2. Where a real property is used as a secured loan, and the underlying real property was purchased some time ago, USCIS WILL take into account that the real property was purchased long time ago, so not all documents may be available. However, USCIS kindly refused to provide a specific time period and just repeated that it will look at the totality of circumstances.

3. One attorney noted that the EB-5 regs do not require that a loan has to be secured by personal assets, meaning a loan can be guaranteed personally without any personal assets; and USCIS said it will examine this issue and get back. I personally doubt USCIS will truly get back or change their position on this issue.

4. USCIS said that to avoid RFEs, attorneys might consider the following: inconsistencies be explained in I-526 petition, unavailable documents be noted and explained, and full translations of important documents be provided.

Attorneys noted that the adjudication seems to be inconsistent, which is not surprising when you are dealing with many adjudicators who might have differing views. By the way, the USCIS adjudicators who spoke during the teleconference all sounded pretty intelligent.

A more detailed article on this event can be found at: http://www.eb5insights.com/2015/03/02/recap-of-the-uscis-lawful-source-o...