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HAMPTON · EB-5 FIELD GUIDE

Can a Hampton investor use money gifted by his parents?

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THE DIRECT ANSWER

Yes. Gifted capital is acceptable if the gift is genuine and documented and if the donors' own lawful source of the funds can be proved. The evidence burden extends to the parents' records, not just the investor's.

The gift and the giver both need papers

Hypothetical example: a Hampton project manager's parents transfer him the proceeds of their dairy sale and everyone regards the matter as settled within the family. For this purpose it is not, because the requirement is to establish that the capital was lawfully obtained, and the capital's history is his parents' history.

The file needs a signed gift instrument stating that the transfer is a gift with no expectation of repayment, identification and relationship evidence for the donors, and their documentation of the sale: agreement, closing statement, title history, discharge of any farm loan, and tax filings across the years. If part of the transfer is really a loan, document it as a loan and address the security, because a gift that the family privately treats as repayable is the kind of inconsistency that surfaces later.