Can You Obtain a Green Card by Buying Houses in the U.S.? Immigration Experts Answer

Each year, the U.S. Citizenship and Immigration Services (USCIS) offers various types of visas and Green Cards through family sponsorship, family reunification, EB3 employment-based visas, and EB5 investment visas, allowing foreign nationals to live and work in the U.S.

One common question many people have is whether buying houses in the U.S. can lead to obtaining a Green Card. Many people still have misconceptions and confuse real estate ownership with U.S. Green Cards.

Let’s explore the answer with ImmiPath through the following article!

1. Can Buying Houses in the U.S. Lead to a Green Card?

Foreign nationals are free to purchase real estate in the U.S. However, buying a home in the U.S. does not automatically qualify you for legal permanent residency (a Green Card).

Therefore, the answer to the question “Can buying a home in the U.S. lead to a Green Card?” is that you will not receive a Green Card simply by buying a home in the U.S., as Green Card status and property ownership in the U.S. are unrelated.

If you already have a Green Card (legal permanent resident status in the U.S.), you can buy a home in any state in the U.S. However, if you buy a home without meeting the legal permanent residency requirements, you will not receive a Green Card.

If you want to buy a home and also obtain a Green Card, the U.S. Citizenship and Immigration Services (USCIS) offers several types of visas that can help you settle and live permanently in the U.S., such as:

• Family-based visas
• Spouse/fiancé(e) visas
• Widow(er) visas
• Employment-based visas
• Investment visas
• Diversity visas (lottery)
• Asylum visas

2. How Can You Obtain a Green Card Through Buying Property in the U.S.

If you’re a foreign national wanting to buy property and obtain a Green Card, you can consider the EB-5 Immigrant Investor Program. This is one of the most reputable pathways for foreign nationals to achieve both legal residency and financial opportunities in the U.S., particularly through real estate investment.

To qualify for a Green Card through the EB-5 program, you must invest a minimum of $800,000 or $1.05 million in a U.S. business.

Here’s how you can receive your Green Card through real estate investment using the EB-5 program:

2.1. Investing in EB-5 Designated Real Estate Projects

Many approved EB-5 Regional Centers handle real estate investments and actively seek foreign investors.

These centers handle all the essential tasks such as assessing the proposed land for development, land use rights, development documentation, and overseeing the construction process.

Some profitable real estate projects that these centers invest in include resort hotel development, student housing, restaurants, office buildings, senior living facilities, and shopping centers.

As a foreign investor choosing this EB-5 route, you will gain partial ownership of the project and have the opportunity to participate in the cash flow and share in the profits of the business.

2.2. Buying Property in the U.S. to Start Your EB-5 Business

If you want to take an active role in managing your EB-5 investment, another way to obtain a Green Card through real estate investment is to own the property where your business operates.

Since the EB-5 program requires creating 10 full-time jobs for U.S. workers, a practical approach is to purchase a property to start a new business or invest in an existing one.

This approach allows you to meet both requirements simultaneously by using a significant portion of your investment funds to buy the property and the remaining funds to fulfill other requirements for the new commercial enterprise under the EB-5 program, including hiring qualified employees and meeting other business-related criteria.

To save substantially on your EB-5 investment, foreign investors sometimes purchase distressed properties, which can be acquired at a lower cost, to establish their new commercial venture.

As long as you meet the minimum investment amount and comply with USCIS requirements for asset usage, this can be a viable option. However, it is advisable to consult with immigration experts and EB-5 specialists like ImmiPath before proceeding.

3. Benefits of Immigrating to the U.S. through EB-5

You will enjoy significant benefits if you choose this route to obtain permanent residency in the United States. Here are some of the advantages you may receive:

3.1 Green Card for You and Your Family

For most foreign nationals, the main attraction of the EB-5 program is obtaining a U.S. Green Card.

Once you have invested directly or indirectly $800,000 or $1.05 million into a business or real estate and have met all other EB-5 requirements, you will be able to apply for your Green Card.

Additionally, your spouse and unmarried children under 21 will also have the opportunity to become lawful permanent residents of the U.S.

Achieving the dream of becoming a permanent resident, another benefit of obtaining a Green Card through real estate investment is the return on investment from your EB-5 business.

If your investment is made into real estate through regional centers, you will have a good chance to increase your net worth through annual payments received as a partial owner.

Similarly, if you choose to invest in a new business, the property you purchase may appreciate in value over time, and the business you run on that property can also generate profit.

See more: Distinguish between a 2-year green card and a 10-year green card

3.2 Your Children Will Benefit from Top-Quality Education

As lawful permanent residents, your children will be considered eligible non-citizens who can access federal and state financial aid, loans, and grants in the United States.

This will help your children achieve their educational goals in a highly supportive environment.

If your goal includes obtaining U.S. citizenship, getting a Green Card through real estate investment is a great place to start. Essentially, investing in a business or purchasing real estate in the U.S. can provide you with permanent residency.

Of course, you must first meet the EB-5 program requirements, such as investing at least $800,000 or $1,050,000 depending on the location and creating at least 10 full-time jobs.

Once you invest in real estate and prove compliance with the law as a permanent resident for at least 5 years after receiving your Green Card, you and your family will be eligible to become U.S. citizens.

All you need to do is file Form N-400, Application for Naturalization, and attend the citizenship interview and test.

However, if you are not interested in becoming a U.S. citizen, you can continue to maintain your permanent resident status as long as you wish by renewing your Green Card whenever it is about to expire.

4. Some Frequently Asked Questions about Purchasing Houses in the U.S. and Obtaining a Green Card

4.1. Can foreigners buy U.S. property on a tourist or student visa?

There are no specific visa requirements for foreigners interested in purchasing U.S. residential property. Foreign nationals entering the U.S. on a tourist or student visa are considered non-immigrants.

According to USCIS regulations, non-immigrant classification requires visa holders to demonstrate that they do not intend to immigrate or apply for a Green Card.

Depending on the circumstances surrounding the purchase, owning property may suggest an intention to immigrate, which is not allowed under tourist or student visas.

In such cases, it is essential to work with an immigration center like ImmiPath to assess your situation.

4.2. How does investing in real estate in the U.S. generate profit?

Real estate in the U.S. is one of the most consistent ways to build wealth due to the various ways you can generate income from it.

Whether you choose to invest directly or indirectly, the U.S. market can substantially increase the value of a property, potentially leading to additional purchases, a reliable business unit, financial freedom, and a comfortable retirement.

Additionally, property in the U.S. has the potential to appreciate by up to 20%, especially during market booms.

4.3. How can I ensure a smooth EB-5 Green Card processing?

The EB-5 Green Card process involves several stages that must be navigated correctly to successfully obtain your Green Card. The success of one step often leads to the success of the next. Potential investors are advised to follow these guidelines:

Consult an Immigration Attorney: Before starting the process, schedule a consultation with an experienced immigration lawyer. With years of experience in U.S. immigration law, an attorney from ImmiPath can guide you through the entire application process and help you select the right real estate investment project that fits your needs and situation.

You will work with your attorney to complete the rest of the application steps, which are:

• Identify a suitable EB-5 approved real estate project for your investment.
• Develop Your Business Plan: Ensure your business plan comprehensively meets the requirements of the EB-5 investor program.
• Prepare all necessary documents to support your application.
• Invest $800,000 or $1.05 million into the chosen project.
• Submit Form I-526: File Form I-526, Immigrant Petition by Alien Investor, to begin your Green Card application process.

4.4. Can foreigners buy real estate in the U.S.?

Yes, foreigners can buy real estate in the U.S. for various purposes, including investment. Foreigners are allowed to purchase property in the U.S. regardless of their nationality.

However, when buying real estate in the U.S., foreigners are subject to a 30% tax on the gross income from the property. Instead, you can benefit from a tax rate of 30% on your net income.

You can do it by deducting eligible expenses related to the real estate business that generates income in the U.S., as allowed under Section 871(d).

It is essential to include all relevant information about your property and related income in your home country when you purchase and report any income related to those properties. Some foreign citizens may benefit from tax treaties between the U.S. and their home country, which can help reduce the tax burden in both the U.S. and their home country.

Now that you are familiar with the taxes you may be subject to, it is time to explore financing options for foreign investors.

There are various mortgage options available for foreigners, even if they do not have a U.S. credit history.

Essentially, you are not required to build a new credit history. Lenders will evaluate you based on your current income sources, including your foreign business activities.

Can Buying a House in the U.S. Lead to Permanent Residency?

With the above information, you may no longer wonder “Can I immigrate if I buy a house in the U.S.?” ImmiPath emphasizes once again that buying a house in the U.S. will not give you a green card. If you want to buy a house in the U.S., you can invest in the U.S. with EB5, own a house in the U.S., and get a green card.

If you are interested in pursuing the EB-5 investment route for U.S. residency and need guidance on starting, opening a file, or preparing documents, feel free to comment below. ImmiPath’s team of advisors will provide expert support and advice to help you secure your green card through property investment in the U.S.