Request for Further Evidence (REF)- USA

Sometimes, we assist our clients in preparing a submission for USCIS when the U.S. Citizenship and Immigration Services (USCIS) sends a correspondence which is called a Request for Further Evidence (REF) which is simply a notice from USCIS that USCIS requires more information from you to determine if you and your family qualify for a green card. The letter also states a timeline for submitting the documentation to the USCIS. If you do not reply to the said documents, then USCIS may deny your immigration application.  

Sometimes, USCIS might have been looking for evidence related to the source of funds for an EB-5 investment.

EB-5 Immigrant Investor Program is a visa program in the United States that allows foreign investors and their immediate families to obtain green cards by investing in new commercial enterprises that create jobs. The program requires a minimum investment which depends on whether the investment is made in a targeted employment area (TEA) or a non-TEA area.

 Here are some examples to complete your petition for an EB-5 Green Card and avoid REF for source of fund in connection to EB-5 program.

Documentation: The U.S. Citizenship and Immigration Services (USCIS) requires comprehensive documentation to demonstrate the lawful source of the investment funds. This might include bank statements, tax returns, business records, sales of assets, inheritance documentation, and other financial documents.

Paper Trail: It’s important to establish a clear paper trail for the funds. Any sudden influx of money should be documented with supporting records, and the source of funds should be traceable and verifiable.

Source of Funds Letter: Many investors write a “source of funds” letter that details the origin of the funds being invested. This letter is typically notarized and outlines the history of the funds, how they were accumulated, and how they were transferred for the investment.

Certified Translations: If your documentation is in a language other than English, you’ll likely need certified translations to accompany the original documents.

Legal Requirements: Keep in mind that the USCIS has specific requirements for the source of funds. They want to ensure that the funds are lawfully gained and not derived from criminal activities.

Professional Help: Due to the complexity of demonstrating the lawful source of funds, many investors choose to work with immigration attorneys who specialize in the EB-5 program.

Remember that immigration laws and regulations can change, so make sure you’re using the latest information available regarding EB-5 green card program.

YA Law Corporation

504-938 Howe Street
Vancouver, BC V6Z 1N9
Tel: 604.620.9598 | Fax: 604.620.9597