In order to obtain a green card, the USCIS requires that investors prove that the source of the invested capital (US$500,000) is “lawful.”  Lawful sources may include profits or earnings from a business, the profits or proceeds from the sale of real estate, or the profits or earnings from stock or other investments. Inheritance, gifts or loans are allowed as a source of funds under the law. If the investment funds are from a gift, then the financial information regarding the person giving the gift must be provided.

The investor must provide sufficient documentation of how the money was earned or acquired. An investor’s independent declarations are not enough to satisfy USCIS requirements for proof of lawful source of funds. Independent evidentiary proof must support all declarations.  Evidence may include but need not be limited to bank statements, stock certificates, and any loan or mortgage documents, promissory notes, security agreements or other evidence of borrowing which is secured by assets of the applicant.

Because the NYCRC requires that the investor deposit the investment (US$500,000) into a protected escrow account before the I-526 petition is submitted, the investor does not have to provide any further proof that he or she has sufficient funds for the investment.