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NORTH FRONTENAC · EB-5 FIELD GUIDE

How should a North Frontenac investor sequence the gift and the filing?

Sources checked:

THE DIRECT ANSWER

Complete and document the gift first, place the funds in her own account, then invest and file. Money still sitting with the donors is not the investor's capital.

The money must be hers before it is at risk

The petition asserts that the investor has invested or is actively in the process of investing her own capital. That is difficult to say where the funds remain in her parents' accounts and will be transferred later, and it is straightforward once the gift is executed, the transfer is complete and the money has moved into the enterprise or the project's escrow under terms the project documents describe. Build the sequence backwards from the filing date: asset sales and tax reporting first, gift instrument and transfer second, investment third, filing fourth, with statements evidencing every step. Where a child's twenty-first birthday is approaching, the filing date carries additional weight because of how the age calculation works, and that alone can justify accelerating the earlier steps.

Hypothetical example: an HVAC-business owner intends to sell part of the company, give the proceeds to a child and subscribe to a project before the child's next birthday. A first review produces a dependency calendar: sale closing, tax reporting, gift, investment transfer, petition filing, visa availability and the later conditional-residence milestones. The sale records and bank trail must exist before the source claim is made. If the sale cannot close cleanly on time, the family must decide whether to use another documented source or accept the age risk. Petition approval does not itself grant residence; the immigrant visa or adjustment stage still follows, and residence is conditional at first.