Best Citizenship by Investment Lawyers in North Miami Beach

1. About Citizenship by Investment Law in North Miami Beach, United States

There is no formal Citizenship by Investment program in the United States, including North Miami Beach. Citizenship is granted by birth or through naturalization after obtaining permanent residence. For foreign investors, the closest path is the EB-5 Immigrant Investor Program, a federal program that can lead to conditional permanent residence if investment and job creation requirements are met.

In practice, EB-5 allows an investor to fund a qualifying U.S. enterprise, create or preserve at least 10 full-time jobs, and obtain conditional permanent residence for two years. After meeting conditions and time requirements, you can apply to remove conditions and pursue eventual naturalization after meeting residency rules. Because this is a federal program, local ordinances in North Miami Beach do not grant citizenship or residency rights by investment.

For residents of North Miami Beach, the path typically involves engaging with immigration counsel to arrange the investment structure, source of funds, and documentation necessary to file with U.S. Citizenship and Immigration Services (USCIS). The process is complex and time-sensitive, with substantial documentation and strict proof of funds and job-creation requirements.

Key sources for federal guidance on EB-5 are USCIS and the U.S. Department of State. These agencies administer the program and the immigrant visa process, including consular processing or adjustment of status in the United States.

Sources: USCIS EB-5, U.S. Department of State - Immigrant Investor Program.

2. Why You May Need a Lawyer

Case-specific guidance from a licensed attorney is essential in North Miami Beach because the EB-5 process combines immigration law with corporate structuring and anti-fraud compliance. A lawyer helps ensure your documents meet federal standards and minimizes delay or denial risk.

Scenario 1: You are a foreign national in North Miami Beach seeking I-526 approval

You need an attorney to organize funds, document source of funds, and prove the investment qualifies under EB-5. A lawyer helps prepare the I-526 petition with a clear business plan and evidence of capital to show lawful ownership. This reduces the likelihood of a Request for Evidence (RFE) or denial.

Scenario 2: Your I-526 is approved and you plan to obtain conditional permanent residence

An attorney can guide you through either consular processing or adjustment of status, ensuring forms are filed correctly and supporting evidence is complete. They also help coordinate timing with project milestones and regional center requirements if applicable. Proper guidance minimizes the risk of status gaps.

Scenario 3: You receive an RFE or notice of a deficiency from USCIS

A lawyer can draft comprehensive responses, present additional documentation, and preserve your eligibility. Timely and precise RFEs responses are critical to avoid denial and to keep your timeline on track.

Scenario 4: You must remove conditions on your permanent residence (I-829)

A lawyer helps assemble evidence that the investment was sustained and the job-creation criteria were met. The I-829 petition is typically due two years after conditional residency, so early preparation is important to prevent processing delays.

Scenario 5: You want to invest through a regional center

A lawyer evaluates the regional center's credibility, project viability, and job-creation method. They help structure the investment to meet EB-5 requirements and minimize risks associated with project dependence. This also helps with compliance and reporting obligations.

Scenario 6: You must stay compliant with anti-fraud and compliance rules

An immigration attorney helps with ongoing due diligence, funds tracing, and reporting obligations to prevent issues with USCIS or the Department of Homeland Security. Proper compliance protects your investment and status in the United States.

3. Local Laws Overview

Citizenship by Investment in North Miami Beach is governed by federal law, not municipal ordinances. The primary federal framework involves immigration statutes and related regulations. Local practice matters relate to business licensing and professional licensing for attorneys rather than citizenship itself.

• Immigration and Nationality Act (INA) - The core federal statute governing who may become a lawful permanent resident and eventually a citizen. This is the overarching authority for EB-5 as an immigration route. Effective since 1952 and amended many times to reflect policy changes.
• 8 U.S.C. § 1153(b)(5) - EB-5 Immigrant Investor Classification - establishes the investor category that may lead to permanent residence. This statute forms the basis for petitioning for immigrant status via investment.
• 8 C.F.R. Part 204 and Part 216 - Regulations governing immigrant investor petitions (I-526) and conditional permanent residence for EB-5 participants. These regulations implement the INA in administrative procedures.

Recent reforms have focused on program integrity and regional center oversight. The EB-5 Reform and Integrity Act of 2022 introduced measures to strengthen compliance, with changes implemented in the subsequent years. For investors in North Miami Beach, these reforms affect how projects are evaluated and how funds are tracked during the process.

“The EB-5 program is administered at the federal level with periodic reforms to improve oversight and accountability for investor funds and job creation.”

Sources for federal law and regulation include:

Immigration and Nationality Act (INA) and EB-5 related provisions: 8 U.S.C. § 1153(b)(5) on govinfo.gov

Regulations for EB-5 petitions and conditional residence: 8 C.F.R. Part 204, 8 C.F.R. Part 216

For ongoing program updates and guidance: USCIS EB-5, Travel.state.gov - Immigrant Investor Program

State or local licensing context: The Florida Bar governs the professional conduct of attorneys in Florida. See The Florida Bar Rules.

4. Frequently Asked Questions

What is citizenship by investment in the United States?

There is no direct citizenship by investment program. The path to citizenship typically requires first obtaining permanent residency and then meeting naturalization requirements. Investors pursue EB-5 to obtain conditional permanent residence and eventually permanent status.

How long does the EB-5 process take in North Miami Beach?

I-526 petitions often take 1.5 to 3 years to adjudicate, depending on market demand and information provided. The removal of conditions (I-829) generally occurs about 2 years after obtaining conditional status, with subsequent naturalization timelines after permanent residency is established.

Do I need to invest exactly $1.05 million or $800,000 in a TEA?

The standard investment amount is higher outside TEAs and lower within TEAs, with current thresholds commonly cited as $1,050,000 and $800,000, respectively. These figures can change and must be confirmed with USCIS guidance at filing.

Can I invest directly in a business or only through a regional center?

Both direct investment and regional center investments are options. A lawyer helps evaluate which path better supports job creation and compliance with EB-5 requirements in your case.

Do I need to hire a North Miami Beach immigration attorney?

Engaging a local attorney is strongly advised to navigate documentation, evidence collection, and coordination with federal agencies. An attorney can tailor strategy to your project location and eligibility.

What documents should I prepare for the I-526 petition?

Expect to provide proof of funds, source of funds documentation, corporate or personal financial records, and a comprehensive business plan showing job creation. Your lawyer helps assemble these materials in the correct format.

What happens if USCIS issues an RFE?

Responding promptly with a complete, well-supported package is essential. Your attorney will prepare a targeted reply addressing the RFE questions and gather any missing evidence.

Is the EB-5 program available to residents outside the United States?

Yes. Many investors file from abroad and use consular processing to obtain their immigrant visa. An attorney coordinates timing with embassy or consulate schedules and I-526 approval.

What is the difference between direct EB-5 investment and a regional center approach?

Direct EB-5 requires the investor to manage job creation directly in a single enterprise, while regional centers allow indirect and induced jobs through a pooled project. A lawyer can help assess which approach aligns with your goals and risk tolerance.

How long before I can apply for naturalization after getting a green card?

Generally, you must be a permanent resident for at least five years before applying for naturalization, or three years if you are married to a U.S. citizen. Continuous residence and physical presence rules apply.

What costs should I expect beyond the investment?

In addition to the investment, you will face legal fees, filing fees, and due diligence costs. Lawyer retainer arrangements vary by case complexity and project structure.

5. Additional Resources

• USCIS - EB-5 Immigrant Investor Program - Official government guidance on eligibility, petitions, processing, and requirements. https://www.uscis.gov/eb-5
• U.S. Department of State - Immigrant Investor Program - Information on consular processing and visa issuance for EB-5 investors. https://travel.state.gov/content/travel/en/us-visas/immigrate/investor.html
• Invest in the USA (IIUSA) - Industry association providing EB-5 resources, project information, and policy updates. https://iiusa.org

6. Next Steps

1. Consult a North Miami Beach immigration attorney to assess eligibility and discuss your goals. Schedule a formal intake to review your finances, timeline, and preferred investment approach. Typical timeline: 1-2 weeks to arrange initial meeting.
2. Gather and organize documentation proving the source of funds, tax records, and any corporate structures. Your attorney will provide a checklist and a secure method to submit documents. Timeline: 2-4 weeks to assemble complete package.
3. Decide between direct investment and a regional center structure with your lawyer. Consider project risk, job creation methodology, and oversight requirements. Timeline: 1-3 weeks for decision and due diligence.
4. Prepare and file the I-526 petition with USCIS, including a robust business plan and fund trace documentation. Timeline: 6-12 months or longer depending on USCIS processing times.
5. Coordinate consular processing or adjust status in the United States after I-526 approval. Your attorney helps with forms, interviews, and timelines. Timeline: 6-18 months for processing after I-526 approval.
6. Address removal of conditions (I-829) after two years, with supporting evidence of investment and job creation. Timeline: 24-36 months post-green card approval.
7. Plan for naturalization after meeting residency requirements and departure of conditions. Your attorney can guide timing and eligibility for oath of citizenship. Timeline: typically 5 years of permanent residency, or 3 years if married to a U.S. citizen.