Proving your funds are lawful is the most critical requirement. Here is what USCIS needs.

USCIS requires detailed documentation proving the lawful source of all investment capital. Funds can come from business income, real estate sales, inheritance, gifts, loans secured by personal assets, or salary savings. A complete paper trail from origin to investment is essential.

Overview

USCIS requires detailed documentation proving the lawful source of all investment capital. Funds can come from business income, real estate sales, inheritance, gifts, loans secured by personal assets, or salary savings. A complete paper trail from origin to investment is essential.

This page provides detailed legal information about source of funds documentation as it applies to permanent residents in the United States. Understanding the requirements, deadlines, and procedures ensures your immigration status remains secure. All content is authored by Jayson Elliott, J.D., a California-licensed attorney, and is current as of April 2026.

Green-card renewal and replacement are USCIS functions. Most applicants experience a straightforward process; the cases that go sideways tend to involve criminal records, conditional permanent residency, lost or stolen cards, or pending naturalization. Familiarity with the requirements, processing windows, and common issue areas helps prevent delay and keeps your status secure during the renewal.

What to do about source of funds documentation

Your Rights Under California Law

Permanent residents have substantial rights under federal law.

Right to continued status

Permanent-resident status does not expire when the card expires. The card serves as evidence of status, not the status itself. LPR status persists unless it is formally terminated — by abandonment, removal proceedings, or rescission.

Right to work

An expired EB-5 visa with a valid I-90 receipt notice remains acceptable proof of employment authorization. Employers cannot require reverification or refuse to accept this documentation.

Right to travel

An expired green card paired with your receipt notice supports international travel and reentry. If you’ll be outside the U.S. for more than a year, file Form I-131 (reentry permit) before departure.

How California Law Applies

The legal framework for green-card renewal sits in the Immigration and Nationality Act, with implementing rules at 8 CFR § 264.5. USCIS reviews each Form I-90 against the applicant’s identity, prior LPR status, and any disqualifying factors.

On September 10, 2024, USCIS implemented a 36-month receipt extension that supersedes the previous 24-month and 12-month versions. Every properly filed I-90 renewal benefits from the extension, which allows continued employment authorization and international travel while the case processes.

Different rules apply to conditional permanent residents. INA § 216 covers marriage-based conditional status, and INA § 216A covers investor-based status; both require petitions to remove conditions within the 90-day window leading up to card expiration.

The Legal Process

Begin a renewal by filing Form I-90 — online via uscis.gov or by mail to the Phoenix lockbox. USCIS responds with an I-797C receipt notice confirming acceptance, which then serves as proof of status throughout the renewal.

Form I-90 processing typically takes 8 to 14 months, with timing tied to USCIS workload and the service center assigned. Premium processing is unavailable for the I-90. Use the receipt number to track status online.

What Documentation Matters

Key documents for EB-5 investment include:

• Current or expired EB-5 visa — Front and back copy. If lost, submit a police report or written explanation.
• Government-issued photo ID — Passport, driver’s license, or state ID with name, date of birth, photo, and signature.
• Filing fee — $415 online or $465 by mail. Fee waivers available with Form I-912.
• Name change evidence — If applicable: marriage certificate, divorce decree, or court order with certified English translation if in a foreign language.
• Form I-797C receipt notice — After filing, save this document. It extends your card’s validity for 36 months.

Frequently Asked Questions