We heard about a few court cases that Klasko Immigration Law Partners successfully litigated against USCIS regarding the path and source of funds. Could you provide more details?
We heard about a few court cases that Klasko Immigration Law Partners successfully litigated against USCIS regarding the path and source of funds. Could you provide more details? Does this precedent suggest that our clients might face less scrutiny in similar cases?
Answers
It is hard to say, but I want to say yes. The takeaway of both court rulings was that USCIS has not been implementing more likely than not standard when evaluating the path or the source of funds. Both court cases were presided over by a Federal judge. President Trump appointed the second case’s Federal judge. They ruled that the law demands one step back as far as the source of funds is concerned. In practical terms, this means that, for example, if a student is applying for EB5 and the funds are given to him by his father, the only piece of evidence the father must show is that he owns the funds he gifted to his son. The current process requires the father to demonstrate that he earned the funds legitimately, providing even the most detailed evidence.
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