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SAINT-LAZARE · EB-5 FIELD GUIDE

Which records should stay consistent between my immigration and tax planning files?

Sources checked:

THE DIRECT ANSWER

The underlying facts should be accurate in both: actual travel, household arrangements and relevant transaction dates should not be changed to suit a preferred result.

Explain different legal uses of the same facts

Keep the source records and identify what each date represents. Different legal conclusions may require separate analysis, but that is not a reason to create conflicting factual histories.

Review the operative project and investment documents and the relevant job analysis and supporting evidence. Do not summarize any step in a narrative when the underlying document can be produced; the narrative explains the documents, it does not replace them. Residency and domicile determinations for tax purposes rely on the same travel and household evidence an immigration filing later relies on, so a day-count calendar kept for one purpose should be the same calendar produced for the other. Property leases, school enrollment and utility records describing where a household actually lived are useful for both files precisely because they were not created to support either position. Where a tax return claims a filing status or residency position that appears to conflict with statements made in an immigration filing, raise the discrepancy with the preparer rather than adjusting one file to match the other after the fact. Contemporaneous records made at the time events occurred carry more weight than a reconstructed timeline prepared later to fit a particular narrative.