Best Citizenship by Investment Lawyers in Georgia

About Citizenship by Investment Law in Georgia, United States

Citizenship by investment programs enable foreign nationals to obtain citizenship or residency in exchange for significant economic contributions to a country. In the United States, there is no direct program that grants citizenship solely by investment. However, the most commonly associated avenue is the EB-5 Immigrant Investor Program, which allows eligible investors to obtain lawful permanent residence, commonly known as a Green Card. Georgia, as a state in the US, follows federal immigration law, and there are no state-specific citizenship by investment programs. Any such applications are governed by United States federal law and administered through various federal agencies.

The EB-5 program requires investment in a US business that will create or preserve at least 10 full-time jobs for qualified US workers. After fulfilling all requirements and maintaining permanent resident status for a required period, investors may be eligible to apply for US citizenship through naturalization.

Why You May Need a Lawyer

Seeking citizenship or permanent residency through investment in the United States is a complex process with stringent legal and financial requirements. Common situations requiring legal help include:

• Understanding eligibility and selecting the right investment vehicle or regional center
• Navigating detailed application paperwork and documentation requirements
• Explaining the complexities of employment creation and sustaining job requirements
• Ensuring compliance with federal laws and IRS reporting regulations
• Assisting with due diligence to avoid fraudulent investment opportunities
• Handling requests for evidence or appeals if applications are delayed or denied
• Advising on the path from permanent residency to eventual naturalization as a US citizen
• Preparing for potential interviews with immigration officers
• Coordinating with business partners, accountants, and financial advisors

Because of the high financial stakes and potential for delays or denials due to technical errors, having a specialized immigration lawyer is highly advisable.

Local Laws Overview

In Georgia, United States, all matters regarding investment-based immigration and citizenship are governed by federal immigration law, not by state law. The key aspects that affect residents of Georgia considering citizenship by investment include:

• No Georgia-specific citizenship by investment program exists.
• The EB-5 program is the primary federal option for investment-based permanent residency, with a minimum required investment of either $800,000 in a Targeted Employment Area or $1,050,000 elsewhere (as of 2024).
• Applicants must file Form I-526, Investment Immigrant Petition, submit detailed evidence, and demonstrate the lawful source of funds.
• All investors must create or preserve 10 full-time jobs for qualifying US workers within two years of admission to the US as a Conditional Permanent Resident.
• After two years, investors must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, proving that all requirements have been met.
• Permanent residents residing in Georgia are subject to the same state laws as US citizens, with no exemptions or special regulations for investors.
• The path to citizenship is through naturalization, which requires at least five years of permanent residency, physical presence in the US, and other requirements set by United States Citizenship and Immigration Services (USCIS).

Frequently Asked Questions

What is Citizenship by Investment in the United States?

In the United States, there is no direct citizenship by investment program. However, the EB-5 Immigrant Investor Program allows foreign nationals to become lawful permanent residents, which may eventually lead to citizenship through naturalization.

Can I obtain US citizenship immediately by investing in Georgia?

No, investment does not grant immediate citizenship. The process starts with obtaining a Green Card through the EB-5 program, followed by meeting naturalization requirements after several years.

What are the minimum investment amounts required for the EB-5 program?

As of 2024, the minimum investment is usually $1,050,000, but it reduces to $800,000 if the investment is made in a Targeted Employment Area, such as a rural area or an area with high unemployment.

How long does it take to get a Green Card through the EB-5 program?

Processing times can vary based on the case load, country of origin, and other factors, but it typically takes 18 months to several years for approval.

Does Georgia have its own citizenship by investment program?

No, Georgia does not have a state-specific program. Investment immigration programs are only available at the federal level in the US.

What are Targeted Employment Areas (TEAs)?

TEAs are geographic areas identified by the US government as rural or experiencing high unemployment, making them eligible for the lower investment threshold of $800,000 under the EB-5 program.

Will my family members be eligible for residency if I apply?

Yes, your spouse and unmarried children under 21 are typically eligible for permanent residency if included in your EB-5 petition.

Can I lose my Green Card if the investment fails?

If the investment does not meet specific requirements, such as job creation, or if there is fraud or mismanagement, your Green Card may be at risk. Legal guidance can help mitigate such risks.

What happens after I receive conditional permanent residence?

You must file Form I-829 within 90 days before the end of your two-year conditional period to remove conditions and obtain full permanent resident status, demonstrating that all investment and job creation requirements have been met.

Can I apply for US citizenship as soon as I get my Green Card?

No, you must reside in the US as a lawful permanent resident for at least five years, meet physical presence and other requirements, and then apply for citizenship through naturalization.

Additional Resources

Individuals interested in citizenship by investment should consult the following resources for reliable information and legal guidance:

• United States Citizenship and Immigration Services (USCIS) - the main federal agency handling immigration matters, including EB-5
• Georgia State Bar Association - for finding qualified immigration attorneys in Georgia
• Department of State’s Bureau of Consular Affairs - for information on US visas and investment immigration
• Immigration advocacy organizations such as the American Immigration Lawyers Association (AILA) and local non-profits
• The US Securities and Exchange Commission (SEC) - for information on investment fraud prevention

It is highly recommended to consult with a licensed immigration attorney who has experience with the EB-5 program.

Next Steps

If you are considering citizenship by investment in Georgia through the federal EB-5 program:

• Consult a qualified immigration lawyer to evaluate your eligibility and investment options
• Prepare documentation related to your finances and the source of investment funds
• Conduct due diligence on regional centers and investment projects to mitigate risk
• Review and understand all USCIS requirements for the EB-5 program
• Stay informed about any changes in federal immigration law that may impact your application
• If you encounter legal or procedural obstacles, seek timely legal advice to avoid delays or denials

Obtaining permanent residency and ultimately citizenship through investment involves significant legal, financial, and procedural steps. Expert legal guidance ensures your best chance of a successful outcome.