Skip to content
APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can an estate timetable be used as our expected U.S. move date?

Sources checked:

THE DIRECT ANSWER

No. Receiving the funds and completing the immigration process are different milestones. Government review and visa availability remain relevant after the financial steps.

Use separate calendars

Track document collection and distribution events alongside, but distinct from, immigration steps. If an event changes, ask what it affects. Avoid making a housing decision on the assumption that investment funds becoming available means residence follows immediately.

Maintain parallel calendars for the estate and immigration case, connected only where one event supplies required evidence or capital. Track probate, sale, distribution, transfers, investment, petition preparation, visa availability, and conditional-residence approval or admission. EB-5 capital must be at risk and invested or actively in the process of being invested; money expected from an estate cannot be described as completed investment. A standalone case uses Form I-526. Conditional residence lasts two years. The Form I-829 filing window is the 90-day period ending on its second anniversary. Do not book a move from the executor’s payment prediction; later immigration milestones remain unresolved.

Hypothetical example: A London software architect expects proceeds from an inherited rental property and plans a standalone data-centre maintenance company. The executor’s sale estimate appears only on the estate calendar. The applicant waits for closing and distribution records, documents each transfer, and then coordinates the at-risk investment and Form I-526 evidence. Housing remains flexible until an appropriate verified immigration milestone. The later I-829 window is calendared from the actual conditional-residence anniversary, not from inheritance receipt or petition filing.