Can I use POA to transfer frozen U.S. bank funds abroad when Patriot Act verification blocks access?

Immigration Law

Liz

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The PATRIOT Act requires banks to verify the identity of individuals opening accounts or conducting transactions to prevent money laundering and terrorism financing. This is why banks are cautious about transferring funds internationally without in-person verification. However, if the account is not frozen, he could potentially still order a check or request to initiate money transfers within the U.S.

The bank could still reject the Power of Attorney. However, a local attorney could also seek to get a court order, which can force the bank to change their stance.

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My fiancé is having trouble accessing his bank funds here in the US. He is a Nigerian citizen and is currently living in Nigeria since his visa expired and he was unable to get it renewed in order to return to the US. He banks with both Bank of America and Chase, and they are both refusing to let him transfer any funds to himself without him being there in person, which he obviously is unable to do because of the visa issues.

He tried to do a power of attorney, but they said that they can't do that either because of the Patriot Act since the funds would be getting transferred out of the country and they can't verify that he is the one it is going to.

My question is, would it be possible for him to use a power of attorney to have the funds transferred to me instead, since I am a U.S. citizen, without it having issues with the Patriot Act? Do you have any other suggestions of what we can do? He needs access to his funds for his farms in Nigeria, and this is causing him financial strain.

Lexi, Chatbot

I understand how frustrating this situation must be for you and your fiancé. Has he already consulted with his bank about any alternative options they might offer for accessing his funds remotely?

He doesn't have online banking with them and, unfortunately, they can't set that up for him without him being there in person.

Lexi, Chatbot

Is your fiancé currently in the process of applying for a new visa or exploring other immigration options to return to the U.S.?

We are working to apply for a K-1 visa for him to return to the U.S. so we can get married, but the estimated time on the full process is 8+ months and he needs the funds before that.

Lexi, Chatbot

Is there anything else the Immigration Lawyer should know before I connect you? Rest assured they'll be able to help with your bank access issue.

I don't believe so.

Liz

Hi there! My name is Liz, and I’ve been an attorney for more than a decade, and I am here to assist you with your legal concerns. So I can best help, have you tried to request it be transferred to you?

My fiancé wasn't sure if that would work since I'm not on any of his accounts and he can't add me without being at the bank in person to authorize it.

Liz

Does he, for example, have a checkbook where he could write you a check that you could then draw on the account?

We weren't sure if we would run into the same issues with them wanting to verify his identity in person.

I don't believe so, but let me check with him. I know he has added protections on his account that any expenditure out of the account must be specifically authorized by him.

Liz

Since he's out of the country, has he asked for any remote options, such as a video verification with his passport?

He has, and they won't accept it.

Since the bank won't allow any money transfers without his in-person authorization, would an attorney with a power of attorney for him be able to initiate that on his behalf in order to transfer funds to me?

Liz

The bank could still reject the Power of Attorney. However, a local attorney could also seek to get a court order, which can force the bank to change their stance.

OK. Thank you for that option, as the bank has been very rigid on their stance. We will look into that. Thank you for your help. We've been unsure what other options are available to us.

Liz

I completely understand. Is there anything else I can clarify?

No, I think that was it. Thank you so much.

Liz

You're very welcome.

Liz

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