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BAIE-D'URFÉ · EB-5 FIELD GUIDE

Should visa timing be estimated from the date an estate payment arrives?

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THE DIRECT ANSWER

That date is a funding milestone, not the beginning of a guaranteed immigration countdown. Preparation, the investor petition, visa availability and subsequent processing have their own requirements. Review the actual route and family circumstances instead of assuming a completed inheritance transfer fixes a relocation date.

Keep separate calendars for funds, case and residence

Track estate documents and payments alongside immigration evidence requests. Review chargeability and the applicable Visa Bulletin with counsel; residence in Canada alone does not eliminate availability issues. If conditional residence is later obtained, further removal-of-conditions obligations remain. Retain source and investment records for the continuing case rather than treating receipt of the inheritance as the final evidentiary step.

The stages run from petition, to visa availability, to an immigrant visa or a legitimate adjustment of status where you are eligible — and in some situations a qualifying EB-5 filing supports concurrent adjustment, so the steps are not always strictly sequential. The petition must show that the required capital has been contributed or is actively being contributed, which for a regional-center project usually means the funds sit in the project's escrow under terms that release them to the enterprise on filing or approval. The third stage begins on admission as conditional residents: the two-year conditional period, followed by Form I-829 filed in the ninety-day window before the second anniversary, and its own adjudication, during which residence continues by operation of law.