You are hereFrequently Asked Questions / EB-5 Eligibilities & Requirements: I-526, CPR & I-829 / [Q] If I had money sitting in my bank account for 5 years, and I used a portion of this money for EB-5 case, will this suffice?

[Q] If I had money sitting in my bank account for 5 years, and I used a portion of this money for EB-5 case, will this suffice?


[Q] I would like to know if the following situation would meet the lawful source requirement. Let's say I had 1 Million USD sitting in my bank account for 5 years, and I used a portion of this money for EB-5 case. Will this meet the lawful source requirement?

Yes and no. Yes, it shows that you had the legal control over the money at the time of investing, but you still have to show that you "lawfully" earned that money which has been sitting in your bank account for the last 5 years. However, USCIS is pretty reasonable when it comes to the types of documents that you need to submit to prove that the money in the bank account has been lawfully earned or received.

However, it should be noted that the level of scrutiny that CSC examiners will apply to the lawful source issue varies like temperatures affected by the political mood, etc.