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Law Offices of Mark Williams, P.C.

Law Offices of Mark Williams, P.C.

Hagåtña, Guam

Founded in 1997
50 people in their team
Chamorro
English
Attorney Mark Williams has been a trial lawyer for over 20 years.  Mr. Williams is currently licensed to practice law in the federal and local courts of Guam, the C.N.M.I., and Tennessee.  Since 1996, Mr. Williams has maintained an office in Guam in the private practice of law....
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About Citizenship by Investment Law in Hagåtña, Guam

Citizenship by Investment (CBI) programs are initiatives where individuals can obtain residency or citizenship in a country by investing in its economy, typically through real estate, donations, or other economic contributions. However, in the context of the United States, which includes territories such as Guam, there is no formal CBI program at the federal level or specific to Hagåtña, Guam. It's essential for individuals considering investment-based residency or citizenship pathways to understand that these typically involve navigating through the EB-5 visa — often referred to as an Immigrant Investor Program, overseen by United States Citizenship and Immigration Services (USCIS). This program allows investors and their immediate families to apply for a green card if they meet specific investment criteria in qualified U.S. businesses, which can indirectly benefit areas like Guam.

Why You May Need a Lawyer

Seeking legal advice can be crucial for various reasons when exploring citizenship or residency by investment, particularly in territories like Guam. Here are some common scenarios where an attorney’s expertise may be beneficial:

  • Navigating Complex Immigration Processes: Understanding and complying with U.S. immigration laws, policies, and procedures can be perplexing and time-consuming.
  • Investment Guidance: Ensuring that your investment meets the criteria set by the U.S. immigration authorities to qualify for a visa.
  • Documentation and Compliance: Preparing and submitting all necessary documentation accurately, which can be overwhelming without professional assistance.
  • Legal Obstacles: Addressing legal challenges or obstacles that may arise during the application process.
  • Appeals and Further Representation: Seeking legal recourse if your application is denied or further representation is needed.

Local Laws Overview

While Guam does not have its own Citizenship by Investment program, understanding local legal frameworks and processes is crucial for investors. Some relevant legal considerations include:

  • U.S. Immigration Laws: Guam follows federal U.S. immigration laws; thus, investors need to adhere to these regulations when considering residency or citizenship.
  • EB-5 Immigrant Investor Program: Offers a pathway to U.S. residency through investment in businesses that create jobs, applicable for potential Guam-based projects.
  • Guam Territorial Laws: Local laws concerning business operations, real estate investment, and taxation may affect the investment and immigration process.

Frequently Asked Questions

Is there a Citizenship by Investment program in Guam?

No, Guam does not have its own Citizenship by Investment program. Any immigration or citizenship investment-related opportunities involve navigating U.S. federal programs, such as the EB-5 visa.

What is the EB-5 Immigrant Investor Program?

The EB-5 program provides a route to U.S. residency for foreign investors who invest a minimum amount in a U.S. business that creates at least 10 full-time jobs for American workers.

How can I apply for the EB-5 visa?

Applicants must invest in a new commercial enterprise and satisfy job creation requirements. The application involves submitting Form I-526 to USCIS, demonstrating lawful sources of investment funds and other criteria.

Can investments be made specifically in Guam?

Yes, investments can target projects in Guam, provided they meet the EB-5 program's criteria and contribute to local economic growth and job creation.

What are the minimum investment requirements for the EB-5 program?

The minimum investment is typically $1 million, but it can be reduced to $800,000 if the investment is in a targeted employment area.

Do I need a lawyer to apply for the EB-5 program?

While legally not required, hiring a qualified immigration attorney is highly advisable to navigate the complexities of the application process and ensure compliance.

What are the primary benefits of the EB-5 program?

The EB-5 program provides a pathway to permanent residency for the investor and their immediate family, alongside potential business and living opportunities in the U.S.

How long does the EB-5 process take?

The process can take several years, from initial application to receiving residency. Timelines vary based on case complexities and USCIS processing times.

What risks are associated with the EB-5 investment?

Risks include the potential loss of investment capital, failing to meet job creation requirements, and possible changes in immigration policy affecting the program.

Can I live in Guam once I receive my EB-5 visa?

Yes, EB-5 visa holders can reside anywhere in the U.S., including Guam, which benefits from its unique position as a U.S. territory in the Asia-Pacific region.

Additional Resources

The following resources may be helpful for those seeking further information or legal assistance related to Citizenship by Investment in Guam:

  • USCIS Website: Official guide and updates on the EB-5 Immigrant Investor Program.
  • Guam Economic Development Authority (GEDA): Provides insights and assistance for investing in Guam.
  • American Immigration Lawyers Association (AILA): Directory of immigration attorneys who can provide legal guidance and representation.

Next Steps

If you're considering pursuing a residency or citizenship pathway through investment in Guam or elsewhere in the U.S., here are recommended steps:

  • Consult an Immigration Attorney: Engage an experienced professional to assess your case and guide you through the program requirements.
  • Research Investment Opportunities: Explore viable business projects in Guam that meet EB-5 criteria.
  • Prepare Documentation: Gather necessary financial and legal documents to support your application.
  • Monitor Application Process: Stay informed on processing times and respond promptly to any USCIS correspondence.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.