Can I have had a personal bankruptcy before and still apply for EB-5?

Yes. Having gone through a personal bankruptcy in the past is not, in itself, a barrier to the EB-5. The program does not disqualify applicants solely because of their financial history; what it needs to see is the lawful source of the funds you intend to invest now.

The central point of the review is tracing and justifying where the capital comes from. If you can demonstrate, with clear documentation, that your current funds were obtained legally, the prior bankruptcy becomes just one element of your profile, not an automatic disqualifier.

Other factors, such as your current financial situation and compliance with the program’s remaining requirements, also factor into the evaluation. Each case is reviewed individually, so there is no single answer that applies to everyone.

Given the sensitivity of the topic, it is worth checking the updated requirements with USCIS and organizing your proof of source of funds with the support of a qualified specialist, avoiding any promises of guaranteed approval.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.