Best Citizenship by Investment Lawyers in Delaware

About Citizenship by Investment Law in Delaware, United States

Citizenship by Investment refers to programs that allow individuals to obtain citizenship or permanent residency in a country by making a significant investment. This concept is popular in several countries worldwide; however, the United States does not offer direct citizenship by investment. Instead, the US offers the EB-5 Immigrant Investor Program, which enables qualifying investors to obtain lawful permanent resident status (a Green Card) by investing a specified amount in a new commercial enterprise that creates or preserves at least ten jobs for US workers. Delaware, known for its business-friendly environment and corporate laws, is often chosen by foreign investors to incorporate businesses but does not have a separate citizenship by investment program.

Why You May Need a Lawyer

Navigating the complexities of US immigration law, especially for investment-based pathways, can be challenging. Here are some common situations where you may require legal help:

• Understanding eligibility criteria for the EB-5 program or other investor visas
• Guidance on establishing and structuring a qualifying business in Delaware
• Preparing and reviewing all required documents to ensure compliance with US Citizenship and Immigration Services (USCIS) regulations
• Assistance with due diligence and compliance to avoid legal pitfalls
• Advising on the source and path of funds regulations for investment capital
• Representing you during the petition process and communicating with government agencies
• Advising on post-investment obligations and business operations
• Addressing challenges or denials from USCIS

Local Laws Overview

Delaware is globally recognized for its corporate-friendly legal framework. While the state itself does not grant immigration benefits, many EB-5 projects and investor-funded businesses are incorporated in Delaware due to its flexible company laws and efficient court system. Key aspects of local laws relevant to citizenship by investment include:

• Business incorporation - Delaware offers streamlined processes for forming limited liability companies, corporations, and partnerships, which can be essential for EB-5-qualifying enterprises
• Ongoing compliance - Delaware entities are subject to specific annual reporting, tax, and corporate governance requirements
• Investment verification - Local and federal laws require thorough recordkeeping to verify the lawful source of investment funds
• Employment obligations - Any Delaware-based investment project seeking EB-5 status must create and maintain the mandated number of full-time jobs for US workers

Despite Delaware's business advantages, US immigration laws are federal, and the USCIS governs all Green Card and citizenship matters. Local legal counsel can help ensure your Delaware-based entity complies not only with state laws but also with federal immigration requirements.

Frequently Asked Questions

What is citizenship by investment in the United States?

The United States does not offer direct citizenship by investment. Instead, it provides investor visa programs like the EB-5, which allow lawful permanent residency (Green Card) after meeting strict investment and job creation requirements. Citizenship can later be pursued through naturalization.

Does Delaware have a specific citizenship by investment program?

No, Delaware does not have its own program. However, Delaware is a popular state for forming businesses due to its corporate laws, and many EB-5 projects choose to incorporate there.

What is the EB-5 Immigrant Investor Program?

EB-5 allows eligible foreign investors and their families to obtain Green Cards by investing at least 1,050,000 dollars, or 800,000 dollars in a Targeted Employment Area, in a new commercial enterprise that creates at least ten full-time jobs for US workers.

Can I buy real estate in Delaware to qualify for an EB-5 visa?

Investment must be in a new commercial enterprise that creates jobs, not just real estate for personal use. Certain real estate development projects may qualify if they meet job creation criteria.

How long does the EB-5 process take?

Processing times vary, but it generally takes from eighteen months to several years, depending on your country of origin and the complexity of your application.

What are the investment requirements for EB-5?

You must invest a minimum of 1,050,000 dollars or 800,000 dollars if the investment is in a Targeted Employment Area, and the investment must create or preserve at least ten full-time jobs for US workers.

Why is Delaware chosen by many foreign investors?

Delaware offers advantageous business laws, low costs for company formation, confidentiality of ownership, and a well-established legal system for resolving business disputes.

Do I need a Delaware-based business lawyer for my EB-5 application?

Working with a lawyer who is experienced in Delaware business law and US immigration regulations is strongly recommended to ensure your investment entity meets all requirements.

Can the investment funds come from a loan or gift?

Yes, but you must provide documentation to prove the lawful source of the funds, whether they are personal savings, a loan, or a gift.

What happens after I receive my Green Card through EB-5?

You and your family initially receive conditional Green Cards valid for two years. To remove the conditions, you must prove the investment was maintained and the job creation requirement was met.

Additional Resources

If you need more information or professional advice about citizenship by investment in Delaware, consider these resources:

• US Citizenship and Immigration Services (USCIS) - for official program requirements and application forms
• Delaware Division of Corporations - guidance on business entity formation and compliance within Delaware
• American Immigration Lawyers Association (AILA) - find qualified immigration lawyers with experience in investment-based immigration
• Regional Centers approved by USCIS for EB-5 investment projects
• Local chambers of commerce and economic development organizations in Delaware

Next Steps

If you are considering citizenship or permanent residency by investment in Delaware or through a Delaware-based business, carefully review both state and federal requirements. Here is how to proceed:

• Consult with a qualified immigration attorney and a Delaware business attorney to assess your eligibility and form a compliant investment plan
• Gather necessary documentation to prove the lawful source of your investment funds
• Structure your business in accordance with Delaware laws and USCIS regulations
• Prepare and submit your application with the help of your legal team
• Stay informed and compliant with all state and federal requirements during and after the application process

Seeking early legal advice will help you avoid costly mistakes and maximize your chances of success in the citizenship by investment process.