No, But…
One of the most common questions we get from our foreign clients is whether buying an American property will give them the legal right to live in the United States. Unfortunately, our first answer is always no. Just purchasing U.S. real estate does not automatically set you on the path toward citizenship. This is because matters of immigration are much more strictly regulated than matters of foreign investment. The United States is fairly accommodating when it comes to foreigners who might potentially stimulate the economy, but since the signing of the Patriot Act in 2001, the country has become increasingly strict on who gets in.
– Though our first answer is always “no,” our follow-up answer is hopefully a bit more heartening. There are a multitude of ways to become a legal resident of the United States, and as Orlando’s premier foreign buyer’s agents, our team is well-qualified to help you understand them, and to steer you toward the path that’s right for you. Below is a brief outline of these methods for obtaining the legal right to a piece of the American Dream.
Does buying a home make me a citizen – EB-5
The EB-5 program, also known as the Immigrant Investor Program, was created by congress as a means to stimulate the U.S. economy by granting citizenship to foreigners who invest in job-creating American businesses. To qualify, the applicant must prove that they have invested, or are in the process of investing, at least 1 million dollars in a new for-profit business that will create, or preserve, at least 10 full-time jobs.
However, if the applicant’s investments are funding a business in a “Targeted Employment Area,” which is: a) any area with an unemployment rate of more than 1.5 times the national average, or b) any “rural” area outside a metropolitan statistical area or outside a city with a population of less than 20 thousand, the qualifying investment amount may be reduced to 500k. For either amount, whether 1 million or 500k, applicants may be able to secure a loan against sufficient personal assets.
If conditions are met, the applicant will be granted a probationary 2-year visa, plus one for their spouse and any un-married children under 21 years of age. If, at 90 days prior to the end of the 2-year probationary period, the applicant can show proof of their ongoing investment and of the required creation or preservation of 10 full-time jobs, the USCIS will remove the probationary status of the visas, granting the applicant and their family full legal residency.
An alternative route to obtaining an EB-5 visa is to invest not in a specific business, but in an approved regional center within a Targeted Employment Area. Jobs created or preserved by approved regional center investments can be direct or indirect, providing more flexibility for applicants, and making them an increasingly popular option.
Does buying a home make me a citizen – F-1
The F-1 visa program was designed to give non-citizens access to academic and language-training programs in the United States. F-1 status requires applicants to be enrolled in a full course of study of at least 12 credit hours at an accredited university, or 18 hours a week in an intensive English program, and is generally granted for periods of four years or more. Before applying for an F-1 visa, you must first apply at your chosen educational institution and obtain a Form I-20. You also need to be able to show that you can support yourself financially while in the States, since jobs for visa-holders are limited.
F-1 applicants can also obtain visa status for their families with the F-2 visa. F-2 visas allow spouses and children of F-1 visa holders to remain in the United States as dependents of the F-1 student. An F-2 visa-holder will not be eligible for legal gainful employment, but dependents under the age of 18 can attend public schools.
Does buying a home make me a citizen – E-2
Like the EB-5 visa, the E-2 visa is issued to foreigners who invest in American businesses. However, unlike the EB-5, which requires investments of 500k or 1 million dollars, the E-2 visa only requires that the investment be proportionally substantial to capitalize the venture, meaning sizable enough to hold a majority interest in the company. The USCIS will determine the substantiality of the investment using a sliding scale.
There are some limitations to the E-2 visa. It’s only available to citizens of select countries, and is only valid for two years, though it can be renewed indefinitely. Also, E-2 visa holders must leave the United States, or else obtain another type of status, if their business concludes. Finally, while the spouse of an E-2 visa holder can legally work in the United States, children below the age of 21 can’t.
Does buying a home make me a citizen – L-1
L-1 visas are available to employees of international companies with branches in the United States. These can include existing branches or new, up-and-coming office locations, meaning that if you own a business in a foreign country, you can open a United States branch as a path to citizenship.
There are many benefits to this option: It doesn’t require a large investment of money, and because L-1 holders can return to their home country at any time, doesn’t require a large investment of time. It can also be used as a means to obtaining permanent resident, or “green card,” status if the applicant demonstrates “dual intent.”
An L-1 visa holder’s spouse can also seek employment in the United States by obtaining an L-2 visa and an employment authorization document (EAD) card, better known as a “work permit.”
One major limitation of the L-1 visa is that it’s only valid for a relatively short period of time. This can be as few as three months, or as many seven years, depending on what country the applicant is from, and on what, if any, extensions they obtain. But again, if the applicant shows dual intent, the L-1 can be a stepping stone toward permanent residency status, which
Does buying a home make me a citizen – Marrying a U.S. Citizen
You don’t necessarily have to invest, work, or pursue an education in the United States to legally live here. Marriage to a U.S. citizen can grant you permanent residency through family—in this case, your spouse. Foreigners who marry an American citizen can apply for a green card, and through the naturalization process, can even apply for full citizenship after three years of marriage, as opposed to the usual five-year waiting period for other green card holders.
In order to qualify the applicant for green card status, the marriage must not be shown to have been entered into just for obtaining the green card. It must also have been performed by a licensed officiant and filed correctly with the courts, and must be in effect at the time of the green card application.
DOES BUYING A HOME MAKE ME A CITIZEN ?
As you can see, if you’re questioning yourself “does buying a home make me a citizen ?” Even though the answer is NO, fortunately there’s plenty of other opportunities to help you becoming a citizen of the United States Of America! While obtaining United States citizenship, or even just legal residency status, is not exactly an easy undertaking. Purchasing American real estate may not automatically confer on you the legal right to live here, but with the help of the foreign investment-specialists at the Authentic Orlando Real Estate Team, you can find the option that best fits your needs, and set yourself on the path to legal residency in less time, and with less effort, than you think.
FAQs
Purchasing American homes doesn't automatically put you on your path to citizenship. But there are other ways to earn permanent residency in the United States if you are a foreign national or an immigrant.
Can you get a green card if you buy a house? ›
Foreign nationals are free to purchase real property in the country, as neither US citizenship nor permanent residence is not a legal requirement for real estate ownership. However, buying a house in the United States does not automatically grant you eligibility for lawful permanent residence (green card).
Can you buy a house and not be a citizen? ›
It is entirely possible to purchase a home as a non-U.S. citizen — whether you're a foreign national or a permanent or a temporary resident. There are no limitations on the type of property that can be purchased or how the property is used.
Can you buy a house in USA without green card? ›
Can a non-permanent resident buy a house in the U.S.? Yes, it is possible for a non-permanent resident to buy a house in the United States. Mortgage approval odds generally depend on the lender, type of mortgage, income status and whether the non-permanent resident can prove their intent for long-term residency.
Can I be a US citizen if I buy a house? ›
Anyone can buy property in the US, regardless of their citizenship. However, you'll need to be aware of your US tax obligations. Here's what you need to know.
How much do you have to invest in US to get green card? ›
EB-5 Visa in a nutshell:
To receive this visa, you must invest at least $800,000 in a US enterprise and create at least 10 American jobs. If you are eligible for the EB-5 Visa, you receive a Green Card and you are allowed to live in the US.
What is the easiest way to get green card in USA? ›
Green Card through the Green Card Lottery
Due to the high requirements in other Green Card categories such as employment-based, family, marriage, and investment Green Cards, the path through the Green Card Lottery is, for most people, not only the easiest but often the only way to a life in the USA.
What are the 4 ways to get a green card? ›
- Green Card for Employment-Based Immigrants.
- Green Card for Family Preference Immigrants.
- Green Card for an Immediate Relative of a U.S. Citizen.
Individual countries have the right to place restrictions on non-citizens who want to own properties. Even if the country you're interested in allows foreigners to buy homes, you may be required to obtain special residence permits or register with a government agency before you can complete a home purchase.
Can an illegal immigrant get a FHA loan? ›
Eligible immigration statuses: U.S. citizenship is not required to obtain an FHA loan, but an immigrant must have lawful permanent residence status, have nonpermanent residency status or be a DACA recipient.
There are two ways to become a United States (U.S.) citizen – by birth or through naturalization.
Can you sell property if you are not a US citizen? ›
To both buy and sell property in the U.S. as a Resident Alien, you'll follow the same process and tax laws as U.S. citizens. You'll have to pay capital gains tax to the U.S. government, and probably similar taxes to your own home government as well.
Is it illegal to live in the US without a green card? ›
Entering the United States without approval from U.S. immigration authorities is illegal. So is staying in the U.S. without permission after a visitor visa, work or other visa, or other authorized stay has expired. Even violating the terms of a legal entry to the United States can make a non-citizen's stay illegal.
Can you permanently live in the US with a green card? ›
A green card provides many advantages, primarily that it allows the green card holder to permanently live and work in the United States, and after a number of years, become a U.S. citizen.
Can I buy house in USA on F1 visa? ›
Can someone from abroad on an F1 (student) visa buy a house in the U.S.? You would be surprised to know that it is possible. No law prohibits an international student from buying a house.
Can I buy green card in USA? ›
If an immigrant visa is immediately available to you and you are currently in the United States, you may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country.
Can a foreigner buy a house in USA with cash? ›
While foreigners can buy property in the US, the easiest way to purchase your home if you are a foreigner is to pay the full price in cash. If you need financing (a mortgage), you will have to meet certain financing requirements.
How much US real estate is owned by foreigners? ›
Highlights: Foreign Investment US Real Estate Statistics
From April 2020 to March 2021, investors from outside the United States bought 107,000 properties worth $54.4 billion in the United States. Foreign-born individuals make up 14.25 percent of the population in the country's 50 largest metros, on average.
What is the fastest way to get US citizenship? ›
Military and marriage-related naturalization are usually the fastest, but even a typical green card route may take as little as five years.
How many years do I have to live in the US to get a green card? ›
Show you have been physically present in the United States for at least 30 months out of the five years immediately before the date you file Form N-400; Show you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence.
How to become a U.S. citizen
- 1) Lawful permanent resident of the U.S. ...
- 2) You must be 18 years old. ...
- 3) You must have resided for three months in the state where you will apply for U.S. citizenship.
- 4) Continuous residency and physical presence in the U.S. ...
- 5) You must be a person of good moral character.
Green Card Opportunities in Family-Sponsored Visa Categories
For the family-based side of immigration, the absolute fastest way to qualify is as either the spouse, unmarried child under 21 years of age, or parent of a U.S. citizen who's over age 21.
What is the fastest you can get a green card? ›
Marriage to U.S. Citizen
This is the fastest way to immigrate. Typically, the process lasts from six to nine months, after which a temporary Green Card is received. Within the next two years, you must contact the USCIS again with proof of the validity of the marriage.
Which green card approval is fastest? ›
EB-1 Visa for Priority Workers
Individuals under EB-1 eligibility typically experience the quickest application process for a green card.
Who gets denied a green card? ›
If you entered the U.S. unlawfully, have prior immigration violations, failed to attend removal proceedings, or otherwise abused the U.S. immigration process, you may be ineligible for a green card.
What comes first a green card or citizenship? ›
Even after obtaining a U.S. green card, most residents must wait some years (usually five) before taking the next step and applying to become U.S. citizens, through a process called "naturalization."
What happens if I stay more than 6 months outside US with green card? ›
U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident status.
What country can US citizens own land? ›
Countries Where U.S. Citizens Can Buy Property 2023
- Anguilla.
- Barbados.
- Bermuda.
- Cayman Islands.
- Mexico.
- Turks and Caicos.
Do US Citizens Have to Pay Taxes on Foreign Property? All US citizens must file a yearly tax return regardless of where they live in the world. When filing your return, you must report your worldwide income. This includes any gain or loss from selling a foreign property and rental income.
Can US citizens own land in Mexico? ›
So can Americans own land in Mexico? Yes they can! Land for sale in Mexico is available for purchase by Americans, Canadians, and anyone around the world considered a “foreigner.”
The three primary factors that can disqualify you from getting an FHA loan are a high debt-to-income ratio, poor credit, or lack of funds to cover the required down payment, monthly mortgage payments or closing costs.
Can immigrants get Social Security number? ›
If you are a nonimmigrant, there are two ways that you can apply, depending on your visa status: If lawfully present in the United States and applying for work authorization or permanent resident status from DHS, U.S. Citizenship and Immigration Services (USCIS), you can apply for your SSN or replacement card.
What is the FHA 3 year rule? ›
FHA mortgage insurance for HUD-approved lenders. Eligible Activities: The property must contain at least 5 residential units with complete kitchens and baths and have been completed or substantially rehabilitated for at least 3 years prior to the date of the application for mortgage insurance.
What is the 3 year rule for citizenship? ›
3 Years of Continuous Residence. The spouse of a U.S. citizen residing in the United States must have continuously resided in the United States as an LPR for at least 3 years immediately preceding the date of the filing the application and up to the time of the Oath of Allegiance.
What is the 4 year 1 day rule for U.S. citizenship? ›
An applicant applying for naturalization under INA 316, which requires 5 years of continuous residence, must then wait at least 4 years and 1 day after returning to the United States (whenever 364 days or less of the absence remains within the statutory period), to have the requisite continuous residence to apply for ...
How fast can you become a U.S. citizen? ›
In a Nutshell
On average, it takes 18 months to 24 months to complete the naturalization process and become a U.S. citizen. The naturalization process has five general steps. It begins with filing Form N-400 and ends with taking the Oath of Allegiance.
Can you buy land in America without citizenship? ›
With no hidden fees, a stable market, tax benefits, and flexible financing alternatives, many people wonder, “Can Foreigners Buy Land in USA” The answer is 'YES'. Anyone, regardless of their citizenship status, can buy real estate in the United States.
Can immigrants own property in the US? ›
How is it Possible for Undocumented Immigrants to Buy Houses? There is no law that says non-US residents cannot own property in the United States. In fact, foreign investors or businessmen and women frequently own homes or property in the US, just as their US equivalents can also own property in other countries.
Do I have to report foreign property to IRS? ›
Yes, you must report foreign properties on your U.S. tax return just like you would report any owned U.S. property. To do that, you first need to know what type of ownership you have because it affects what tax forms you must file.
Can you be deported if you marry an illegal immigrant? ›
The short answer is no. Marriage alone won't stop deportation or prevent you from being deported in the future.
Overstay Forgiveness Eligibility
If barred from entering the United States due to the grounds of inadmissibility mentioned in the previous section, you may apply for visa overstay forgiveness by filing Form I-601.
Can I fly in the US if I'm undocumented? ›
However, if a passenger does not possess a Real ID, there are other forms of identity that will be accepted. This list includes US passports and permanent residence cards. Undocumented immigrants may therefore be able to fly domestically as long as they hold an approved form of identification on this list.
What is the six month rule for green card? ›
As a general rule, permanent residents should avoid any trips abroad of 6 months or longer. If you travel for over 6 months (but less than a year) at one time, USCIS will automatically presume that you've broken your continuous residence requirement for the purposes of naturalization.
How long can a U.S. citizen stay out of the US? ›
Absences of more than 365 consecutive days
You must apply for a re-entry permit (Form I-131) before you leave the United States, or your permanent residence status will be considered abandoned. A re-entry permit enables you to be abroad for up to two years. Apply for a re-entry permit.
Can I get US citizenship if I buy a house? ›
Does buying a property in the USA give you residency? Purchasing American homes doesn't automatically put you on your path to citizenship. But there are other ways to earn permanent residency in the United States if you are a foreign national or an immigrant.
Does owning property help with green card? ›
Although buying a real estate property will not directly help get a green card in the U.S., there are some ways to get a green card by investing in real estate. One of the preferable ways is through the EB-5 Investor Program.
Can I stay in USA if I buy a house? ›
Foreign nationals are free to purchase real property in the country, as neither US citizenship nor permanent residence is not a legal requirement for real estate ownership. However, buying a house in the United States does not automatically grant you eligibility for lawful permanent residence (green card).
What are the benefits of owning your residence? ›
Here are seven benefits of owning a home:
- More stable housing costs.
- An appreciating investment.
- Opportunity to build equity.
- A source of ready cash.
- Tax advantages.
- Helps build credit.
- Freedom to personalize.
Article I, Section 2, Clause 2: No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Who can automatically gain citizenship to the US? ›
The person is a child of a parent who is a U.S. citizen by birth or through naturalization (including an adoptive parent); The child is under 18 years of age; The child is a lawful permanent resident (LPR); and. The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.
The ability to create a space for you and your family to call your own is invaluable. As the homeowner, you have the freedom to adopt a pet, paint the walls any color you choose, renovate your kitchen, and more. You can customize your own space without approval from landlords.
What are 5 benefits of owning a home? ›
Top 5 Advantages of Homeownership
- 1) Financial stability. In terms of both lifestyle and monetary stability, buying a home provides a new sense of reliability to first-time homeowners. ...
- 2) Financial strength. ...
- 3) Tax benefits. ...
- 4) Permanent residence. ...
- 5) Sense of community.
A home is a long-term investment. If you buy a home as a primary residence, it can increase in value over time and provide a financial windfall when you sell. You gain equity in the home over time, which can provide a source of emergency funding if your financial situation takes a turn for the worse.
What is the easiest green card to get? ›
Family-Based Green Cards
If you have an immediate family member who is a U.S. citizen, you may be able to obtain a green card through them. Immediate family members include spouses, parents, and children who are unmarried and under 21 years of age.
How many years do you have to wait to get a green card? ›
In most cases, it takes about two years for a green card to become available, and the entire process takes around three years.
What is the 7 year rule for immigration? ›
The new immigration registry bill would replace the 1972 cutoff date with a rolling eligibility, allowing individuals to apply for registry after living continuously in the United States for at least seven years and meeting certain admissibility requirements.
What is the 5 year rule for U.S. citizenship? ›
An applicant for naturalization under the general provision must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least 5 years prior to filing the naturalization application and up to the time of naturalization.
What is the 3 year rule for U.S. citizenship? ›
Demonstrate good moral character for at least 3 years prior to filing the application until the time of naturalization. Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the United States during all relevant periods under the law.
Who gets denied U.S. citizenship? ›
A denied citizenship application may be the result of having a criminal record. The USCIS reviews allow your past criminal history before making their decision to accept or deny your application. Some more extreme crimes may merit a court hearing for someone to be deported after applying for citizenship.
How many U.S. citizens are giving up citizenship? ›
After hitting a record high of 5,411 in 2016, the number of Americans renouncing their U.S. citizenship has declined for the past two years, according to the U.S. Treasury, falling to 3,983 in 2018, down 22% from 5,133 in 2017.
A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship: appear in person before a U.S. consular or diplomatic officer, in a foreign country at a U.S. Embassy or Consulate; and. sign an oath of renunciation.
