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There is no formal "citizenship by investment" program in the United States or in McAllen, Texas, that grants immediate citizenship in exchange for money. The closest federal pathway is the EB-5 Immigrant Investor Program, a federal immigration program that can lead to lawful permanent resident status - commonly called a green card - and, after meeting residency and other requirements, eventual eligibility to apply for U.S. citizenship by naturalization.
The EB-5 program requires a qualifying investment in a U.S. commercial enterprise that creates or preserves a required number of full-time jobs for U.S. workers. Applicants generally invest through a "regional center" project or by making a direct investment. Investment thresholds and program rules are set and enforced at the federal level by U.S. Citizenship and Immigration Services - USCIS. Other investment-related visas exist, such as the E-2 treaty investor visa and L-1 intracompany transfers, but these do not directly lead to citizenship and have separate eligibility rules.
If you live in or are considering McAllen, local considerations - including Texas business law, property markets, local permits, and tax implications - will affect how you structure investments and comply with regulations, but immigration eligibility and adjudication remain federal matters.
Navigating investment-based immigration involves federal immigration law, corporate and securities law, tax planning, and local regulations. A qualified lawyer can help you in several common situations:
- Determining whether the EB-5, E-2, L-1, or other pathway best fits your personal and business circumstances. Each route has different requirements, timelines, and risks.
- Preparing and filing complex immigration petitions and supporting evidence to USCIS, including business plans, job creation documentation, source-of-funds proof, and organizational documents.
- Performing legal due diligence on potential investments or regional center projects to assess compliance, job-creation methodologies, and financial soundness.
- Advising on securities laws and disclosures if you invest in business offerings. Some EB-5 projects involve securities regulated at the federal and state level.
- Structuring investments to meet both immigration and tax objectives, and coordinating with accountants on federal and state tax implications - Texas has no state income tax but other taxes and reporting requirements apply.
- Handling local real estate purchase processes, zoning, permits and municipal compliance if your investment includes property in McAllen or Hidalgo County.
- Representing you in responses to RFE - Requests for Evidence - or in appeals and litigation if USCIS issues adverse decisions.
While immigration law is federal, the following local and state legal topics are especially relevant when pursuing an investment-based immigration pathway from McAllen:
- Business formation and registration - If you create a U.S. enterprise, you must register the business with the Texas Secretary of State and comply with Texas corporate entity rules for LLCs, corporations, or partnerships.
- Real estate and zoning - Buying property in McAllen or surrounding Hidalgo County requires attention to local zoning, permits, property taxes, and land use rules administered by city and county offices.
- State and local taxes - Texas does not impose a state income tax on individuals, but there are business franchise taxes, property taxes, sales taxes and other local assessments to consider. Federal tax reporting remains mandatory.
- Securities regulation - If your investment is packaged as an offering, it may be subject to federal securities law enforced by the Securities and Exchange Commission and to state securities regulation - including the Texas State Securities Board.
- Employment and labor law - Job creation claims for EB-5 petitions must comply with federal labor law and with any applicable state employment regulations when documenting new hires, wages, and classifications.
- Local licensing and permits - Businesses operating in McAllen often need city or county permits, health and safety inspections, and licensing relevant to the industry.
- Public safety and compliance - Local environmental, construction and safety regulations can affect project feasibility and timelines for EB-5 projects involving development or infrastructure.
No. The United States does not offer citizenship in exchange for money. Programs commonly described as "citizenship by investment" do not exist at the federal level. The EB-5 program can lead to permanent residency, and after meeting residence, physical presence and other naturalization requirements, a green card holder may apply for U.S. citizenship through naturalization.
EB-5 allows foreign investors to obtain conditional permanent residence by investing in a qualifying U.S. commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. Investors file an I-526 petition to USCIS showing the investment and job creation. If approved, the investor and qualifying family members may apply for conditional green cards, and later a petition to remove conditions after proving the investment met its requirements. After maintaining permanent resident status and meeting residency requirements, investors may apply for citizenship.
EB-5 investment thresholds have changed over time. Historically, higher investments apply for standard projects while a lower threshold applies to projects in targeted employment areas - TEAs, which are high unemployment or rural areas. Minimum amounts were adjusted by rulemaking; you should confirm current USCIS amounts with an immigration attorney before making decisions.
Regional centers are USCIS-approved entities that pool EB-5 capital into projects and use indirect job creation models. They can simplify the job creation documentation for investors. Investing through a regional center may be suitable for passive investors, while direct investment suits those who want active involvement in the enterprise. Each option carries different risks and due diligence considerations.
USCIS requires lawful source of funds and that the investor has control of the funds. Loans secured by the investor's assets or against the investment may be problematic unless they are structured and documented to meet USCIS requirements. Lenders and attorneys must be carefully vetted and documentation should clearly show the investor obtained the funds lawfully and has the requisite rights to the invested capital.
EB-5 investments can be in many types of commercial enterprises, including development projects that involve real estate. Simply buying passive residential property for personal use does not qualify. If the real estate investment is part of a qualifying commercial enterprise that generates the required jobs and complies with EB-5 rules, it may qualify. Local zoning, permits and project feasibility in McAllen will be important factors.
Yes. The EB-5 program allows an investor to include a spouse and unmarried children under age 21 on the petition. If the main investor obtains permanent residency, included family members generally receive permanent residency as derivative beneficiaries.
Processing times vary based on USCIS backlogs, priority date retrogression, the type of investment, and whether the petition is straightforward. Obtaining conditional permanent resident status can take many months to several years. After two years, an investor files to remove conditions and must demonstrate compliance. After obtaining an unconditional green card and meeting residency and other naturalization requirements - typically five years of continuous permanent residency for most applicants - the investor may apply for U.S. citizenship. Delays and processing timelines change, so plan for multi-year timelines.
Risks include project failure or business underperformance, loss of capital, failure to create the required number of jobs, fraud or misrepresentations by project managers, changing immigration policy and processing backlogs, and potential adverse tax consequences. Proper due diligence, reputable legal and financial advisors, and careful structuring can reduce but not eliminate these risks.
Look for immigration attorneys who specialize in investor visas and EB-5 matters, and who have experience coordinating with securities, corporate and tax counsel when projects require it. Verify credentials with the State Bar of Texas, request references, ask about specific EB-5 case experience and success rates, confirm fee structures and retainer agreements, and consider working with counsel who collaborate with experienced local business and real estate lawyers when necessary.
Useful government agencies and organizations to consult or research when considering investment-based immigration include:
- U.S. Citizenship and Immigration Services - USCIS, which administers EB-5 petitions and provides official guidance.
- U.S. Department of State, which handles visa issuance at consulates.
- U.S. Department of Homeland Security, which oversees immigration enforcement and policy.
- U.S. Securities and Exchange Commission, for rules on securities offerings and investor protections.
- Texas Secretary of State, for business formation and registration rules in Texas.
- Texas State Securities Board, for state-level securities regulation and investor alerts.
- Hidalgo County appraisal and tax offices and the City of McAllen permitting and planning departments, for local property, zoning and permit matters.
- American Immigration Lawyers Association - AILA, a professional association of immigration attorneys.
- State Bar of Texas and local bar associations in the Rio Grande Valley, for attorney directories and disciplinary records.
If you are considering an investment route that could lead to U.S. permanent residency and eventual citizenship, follow these practical steps:
- Assess your objectives - clarify whether your priority is eventual citizenship, a business opportunity, a U.S. base for family, or tax and estate planning considerations.
- Consult a qualified immigration attorney - schedule a consultation with an attorney experienced in EB-5 and investor immigration to evaluate your eligibility and explain current investment thresholds, timing and documentation requirements.
- Retain local counsel as needed - engage Texas business, tax and real estate attorneys in McAllen to advise on entity formation, local permits, property due diligence, and Texas-specific compliance.
- Conduct thorough due diligence - verify the background, track record and financials of any regional center, project sponsor or investment vehicle. Request audited financials, independent feasibility studies and immigration-specific job creation analyses.
- Gather and document source-of-funds evidence - be prepared to trace funds from their origin through any transfers with clear legal documentation, translations and certified copies where necessary.
- Plan for tax and estate implications - coordinate with tax advisors on U.S. federal tax obligations and cross-border tax issues, including reporting and potential exemptions.
- Confirm credentials and agreements - verify attorney licenses, obtain written fee agreements, and make sure all representations and timelines are documented.
- Avoid guarantees of citizenship - be wary of agents or promoters who promise guaranteed approval or citizenship-for-sale schemes; legitimate advisors will explain risks and uncertainties.
- Keep records and be patient - investor immigration is document-intensive and can be time-consuming. Maintain organized files of contracts, filings, receipts and correspondence.
If you need help finding qualified lawyers in McAllen, start with the State Bar of Texas attorney directory and the local bar association, and seek referrals from business and accounting professionals you trust. An experienced team can help you evaluate options, protect your investment, and pursue lawful pathways toward permanent residency and possible naturalization when the legal conditions are met.
