EB-5 green cards with crypto: avoiding USCIS denials

Full transcript

0:10 Hi, I’m Max Dilendorf. I’m an attorney based in New York.

0:14 If you’re thinking about using crypto to fund your EB-5 Green Card application, understand this: You only get one real shot to convince US Immigration Services or USCIS that your petition is approvable. Mistakes or missing links in your source-of-funds documentation can lead to a Notice of Intent to Deny—and recovering from that isn’t always possible.

0:45 involved in the crypto space—advising high-net-worth clients on crypto estate planning, asset protection, compliance, and real estate transactions using digital assets—which we’ll explore in detail in future episodes. But today, we’re focusing on a critical area where crypto intersects with immigration: the EB-5 Green Card Program.

1:09 Lately, we’ve seeing more and more clients using crypto to fund their EB-5 investments. It makes sense—but there’s a major caveat: Under the new administration, USCIS adopted a far more rigorous approach. Even small gaps in your petition can result in a Notice of Intent to Deny, also known as a NOID. Previously, the Immigration Services might have issued a Request for Evidence—giving you a chance to clarify or supplement your I-526 petition.

1:45 Today, we’re seeing more denials at the front end—especially when the source of crypto funds isn’t clearly documented. Remember: the burden of proof is on you to prove lawful source of your digital assets. We always tell our clients—never assume USCIS understands crypto. Don’t assume they know that Coinbase or Kraken are regulated U.S. exchanges. Don’t assume they understand what it means to own or control a Metamask wallet. You have to explain it—clearly and in detail.

2:25 If your source of funds involves DeFi transactions, OTC trades, or international exchanges, you need to show the full chain of custody. That means: – Proving you owned and controlled the wallets, – Demonstrating continuous custody of your assets, – Confirming that your exchange was properly licensed and compliant DeFi, OTC, Int’l Trades? Prove Chain of Custody We’ve even seen USCIS deny petitions because they misinterpreted foreign law, incorrectly stating that crypto was illegal in places like Vietnam or China, or India when that wasn’t the case.

3:00 Again, don’t assume anything. If your crypto activity originated abroad, you’ll need to prove that it was legal in your home country at the time of the transaction.

3:10 Now, let’s talk about volume and complexity.

3:14 If you’ve made thousands of DeFi trades on Uniswap or across different decentralized exchange, you’ll need to connect every transaction—and do it in a way that’s easy for USCIS to understand.

3:27 So organization matters. We guide clients through the I-526 petition process. In complex cases, we may engage former federal cybercrime investigators—including ex-FBI agents—as expert witnesses to help substantiate that: – Your funds are from legitimate sources, – Wallet control was continuous, – And that your blockchain records meet USCIS’s Preponderance of Evidence Standard. Here’s the bottom line: The EB-5 process is complex. Crypto adds another layer of complexity.

4:00 If you’re thinking about using crypto to qualify for an EB-5 investment visa—or if you’ve already received a Notice of Intent to Deny—reach out to us.

4:11 We’re here to help you present your crypto story the right way.

4:16 Thanks for watching—I’m Max Dilendorf, and I’ll see you in the next episode.

A transcript of the recording, so it reads as speech rather than as prose. It explains the law in general terms and is not advice on your own situation, which turns on facts this video cannot know.