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Find a Lawyer in HartfordAbout Citizenship by Investment Law in Hartford, United States
There is no formal "citizenship by investment" program in the United States comparable to programs offered by some other countries. What exists instead is an investment-based immigration path that can lead to permanent residence - and eventually naturalization and US citizenship - if all federal and state requirements are met. The main federal route for investors is the EB-5 Immigrant Investor Program. EB-5 allows qualifying foreign investors to obtain conditional permanent residency by investing in a new commercial enterprise that creates or preserves a required number of full-time jobs in the United States. After meeting conditions - including removal of conditions and satisfying residency requirements - an investor and certain qualifying family members may apply for naturalization.
Why You May Need a Lawyer
Immigration law and investment regulations intersect in complex ways. An experienced immigration and securities lawyer can help you at many stages of the EB-5 - or other investment-related - process:
- Assess eligibility and advise on the safest pathway given your goals.
- Structure the investment so it meets EB-5 rules and federal securities laws.
- Prepare and organize documentation proving lawful source of funds - frequently the most scrutinized part of an EB-5 filing.
- Evaluate regional center projects versus direct investments, including due diligence on developers and business plans.
- Prepare and file the I-526 petition, the I-829 petition to remove conditions, and naturalization applications when eligible.
- Represent you in communications with USCIS, or in litigation and appeals if a petition is denied.
- Coordinate tax planning, business formation, and state-law compliance in Connecticut and Hartford.
Local Laws Overview
When pursuing an EB-5 path through Hartford, or any city in Connecticut, you must follow federal immigration law first and foremost. Key local and state aspects to consider include the following:
- Federal EB-5 Requirements - The EB-5 program requires a qualifying investment amount, a qualifying commercial enterprise, and creation or preservation of at least 10 full-time jobs for qualifying US workers. Investors initially receive conditional permanent residency for two years and must later file to remove conditions.
- Investment Minimums - Current federal thresholds set the standard EB-5 investment minimum and the lower amount for Targeted Employment Areas - TEAs. These amounts have changed historically and may change again. You must confirm the current figures at the time you file.
- TEA Designation - TEA status can lower the required investment amount. TEA designation is based on poverty and unemployment metrics and can be complex. State and regional center designations may affect eligibility for TEA status.
- Regional Centers - EB-5 regional centers are organizations designated by USCIS to pool EB-5 capital for economic development projects. Projects connected to regional centers are common ways investors meet the job-creation requirement indirectly.
- Connecticut and Hartford Considerations - Connecticut state laws on business formation, taxation, and securities regulation apply to EB-5 projects and investors. Local zoning, permitting, and economic development incentives in Hartford can affect project viability. Connecticut agencies and local economic development authorities may be involved in or aware of EB-5 projects in the area.
- Securities Law - Many EB-5 offerings are treated as securities under federal and state law. Compliance with securities registration or exemptions is critical to reduce legal and financial risk.
- Naturalization - US citizenship is a separate federal process that generally requires holding lawful permanent resident status for a specified period, continuous residence, physical presence, good moral character, and passing the naturalization test.
Frequently Asked Questions
Is there a citizenship by investment program in the United States?
No. The United States does not offer direct citizenship by investment. The closest route is the EB-5 Immigrant Investor Program, which can lead to conditional permanent residency, then permanent residency, and eventually naturalization if eligibility criteria are satisfied over time.
How does the EB-5 program work?
An investor makes a qualifying investment in a new commercial enterprise that creates or preserves at least 10 full-time jobs for US workers. If the investment and supporting documentation meet USCIS requirements, the investor and certain family members can receive conditional green cards. After about two years, the investor files to remove the conditions by showing the investment was sustained and job creation requirements were met.
How much money do I need to invest?
Federal rules set minimum investment amounts for EB-5 and a lower threshold for investments in Targeted Employment Areas - TEAs. As these thresholds may change, confirm current minimums before applying. Whether an investment qualifies for TEA status is a separate determination and may require documentation and legal analysis.
What documentation is needed to prove source of funds?
USCIS requires detailed evidence that invested funds were obtained through lawful means. Typical documentation can include business records, tax returns, payroll records, sale of assets closing statements, bank records, and affidavits. The review is thorough, and legal counsel can help assemble and explain the paper trail.
Should I invest through a regional center or make a direct EB-5 investment?
Regional centers often allow indirect job creation to count toward the EB-5 requirement and can be less hands-on for investors. Direct EB-5 investments require the investor to be more involved in the business and prove direct job creation. Both options have risks and benefits - a lawyer and financial advisor can help you evaluate specific projects, developer track records, economic feasibility, and compliance with securities laws.
How long will it take to get a green card through EB-5?
Timing varies based on visa availability, USCIS processing times, and whether the investor uses the regular or priority date queue. Investors typically receive conditional permanent residence after approval and consular processing or adjustment of status, followed by filing to remove conditions about two years later. Backlogs and visa retrogression can add months or years in some cases.
Does EB-5 guarantee US citizenship?
No. EB-5 provides a path to conditional permanent residency and, upon successful removal of conditions, lawful permanent resident status. To become a US citizen, you must meet separate naturalization requirements - including continuous residence, physical presence, good moral character, and passing language and civics tests - and file an application with USCIS.
Can my family come with me under EB-5?
Yes. A qualifying investor can include a spouse and unmarried children under age 21 in the EB-5 petition. If the principal investor qualifies for permanent residence, eligible dependents typically receive the same status.
What are the main risks of EB-5 investments?
Risks include project failure, loss of investment capital, project delays that affect job creation, USCIS denial due to paperwork or source-of-funds issues, visa retrogression causing long wait periods, and securities compliance problems. Thorough due diligence, legal review, and working with reputable developers and regional centers reduce but do not eliminate these risks.
How do I verify an EB-5 regional center or project?
Verify regional center designation and project history through USCIS records and public filings. Review audited financials, developer track record, independent economic studies, escrow arrangements, subscription agreements, and securities disclosures. Ask an immigration-securities attorney to evaluate the documentation and confirm legal compliance.
Additional Resources
For authoritative information and filings, consult federal and state agencies and professional organizations. Useful resources include federal agencies that administer immigration and naturalization rules, state economic development offices, and professional legal associations. Locally, Hartford economic development authorities and Connecticut state agencies can provide information about projects and incentives. Professional bodies like state bar associations and the American Immigration Lawyers Association can help you find qualified attorneys who specialize in EB-5 and related matters.
Next Steps
If you are considering investment-based immigration in Hartford or elsewhere in the United States, follow these steps:
- Seek an initial consultation with an experienced immigration attorney who also understands securities and investment structures. Ask about EB-5 experience, success rate with I-526 and I-829 filings, and client references.
- Prepare basic documentation of your funds and business background so a lawyer can perform a preliminary source-of-funds assessment.
- Conduct due diligence on any regional center or project - verify designation, financials, developer track record, and legal documents. Have an attorney and financial advisor review offering documents and subscription agreements.
- Discuss tax and family planning with a tax adviser familiar with cross-border issues to understand state and federal tax consequences, and residency implications in Connecticut.
- Get a clear written engagement agreement with your attorney outlining fees, services, estimated timelines, and communication practices.
- Maintain careful records and respond promptly to document requests from counsel and USCIS. Timely, organized responses reduce the risk of denials or delays.
Because federal immigration law and program rules can change, and because local projects involve state and municipal regulations, professional legal advice specific to your circumstances is important. Start with a qualified attorney in Hartford or Connecticut who can coordinate immigration, securities, business, and tax considerations for your investment plan.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.