Best Citizenship by Investment Lawyers in Oak Brook

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Oak Brook, United States

Founded in 2003
16 people in their team
English
Marsal Avila Law Group is a dedicated immigration law firm that helps individuals and families pursue a path to life in the United States. Founded in 2003 by Teresita Marsal-Avila, the firm has built a reputation for careful case analysis, thorough preparation, and assertive advocacy through...
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1. About Citizenship by Investment Law in Oak Brook, United States

In Oak Brook, there is no local or state program that grants citizenship through investment. Citizenship by investment is not legally offered at the municipal level. The pathway most relevant to Oak Brook residents and investors is the federal EB-5 Immigrant Investor Program, which provides a route to permanent residency rather than direct citizenship.

Under the EB-5 program, eligible investors may obtain conditional permanent residence by investing in a U S business and creating or preserving at least 10 full-time jobs. After meeting the program requirements and maintaining status, investors may apply for removal of conditions and eventual U S citizenship through naturalization. In Oak Brook, as in the rest of the United States, citizenship is earned through naturalization, not purchased.

There is no direct citizenship by investment program in the United States. The EB-5 program offers a path to lawful permanent residency, which may lead to citizenship after naturalization.
Source: USCIS - EB-5 Immigrant Investor Program

Key facts to understand include the required investment amount, the TEA (Targeted Employment Area) designation, and the job-creation requirement. As of recent reforms, the EB-5 minimum investment and TEA rules are set to guide which projects qualify for investor-based immigration. The program also includes a mechanism for removing conditions on residence after an initial two-year period.

For Oak Brook residents, partnering with a qualified immigration attorney is essential to navigate the specific regional center or direct investment options, ensure funds follow lawful sources, and meet federal and state tax considerations during the process.

2. Why You May Need a Lawyer

Prospective EB-5 investors in Oak Brook should consult an attorney early to map the plan and avoid pitfalls. A lawyer can tailor advice to your financial structure and family situation, not just the paperwork.

  • You are evaluating EB-5 eligibility for a project in the Chicago area and need a legal review of the business plan and job-creation projections.
  • You already filed an I-526 petition and received an RFE (Request for Evidence) and require strategic evidence gathering and a robust response plan.

Consider a lawyer if you face complex fund tracing or if your funds come from multiple jurisdictions or family sources. An attorney can help establish a clear source-of-funds narrative and coordinate with financial advisors to document legality.

  • You need to understand whether a regional center investment or a direct investment best fits your family’s immigration and business goals.
  • You are planning the removal of conditions (I-829) after two years of permanent residency and want a timeline with concrete milestones.

A local Oak Brook immigration attorney can also address state tax implications, cross-border fund movements, and alignment with Illinois business formation requirements for the investment vehicle. This reduces the risk of delays or denials due to documentation gaps.

3. Local Laws Overview

Citizenship by investment in Oak Brook is governed primarily by federal law, but several named statutes and regulations shape how EB-5 investments are made and maintained. Oak Brook residents should be aware of how these federal rules interact with Illinois state and local business practices.

  • Immigration and Nationality Act (INA) - Section 203(b)(5): This provision establishes the EB-5 immigrant investor category and outlines eligibility for permanent residence through investment.
  • 8 C F R Part 204: Regulations controlling immigrant petitions for alien entrepreneurs and investors, including I-526 filings and initial eligibility determinations.
  • 8 C F R Part 216: Rules governing conditional permanent residence for EB-5 investors and the process for removing conditions after two years via I-829.

Recent changes to EB-5 legislation have shaped investment thresholds and compliance requirements. The EB-5 Reform and Integrity Act of 2022 introduced reforms intended to strengthen program integrity, extend regional center operations, and refine reporting and compliance. These changes affect how projects qualify and how investors document compliance.

Effective timelines and threshold figures can shift with federal updates. For Oak Brook investors, it is essential to consult a local attorney who tracks USCIS announcements and Department of State guidance. See the official sources below for current figures and procedures.

Recent reforms to EB-5 include enhanced compliance measures and updated investment thresholds, affecting project eligibility and reporting requirements.
Source: USCIS - EB-5

4. Frequently Asked Questions

What is the EB-5 investor visa and what does it do for Oak Brook residents?

The EB-5 visa offers a path to lawful permanent residency for foreigners who invest in a U S business and meet job creation requirements. It does not grant citizenship directly, but enables a green card after meeting conditions and residency rules. The city of Oak Brook benefits from potential economic investment, job creation, and closer ties to local businesses.

How much must I invest to qualify for EB-5 in Oak Brook?

The minimum investment generally ranges around the standard threshold plus TEA considerations, with amounts commonly cited as higher for non-TEA and lower for TEA areas. Check the latest USCIS guidance since thresholds can change with reforms. The jobs requirement remains at creating or preserving ten full-time positions.

Do I need to live in Oak Brook or Illinois to qualify for EB-5?

No, EB-5 eligibility does not require you to reside in Oak Brook or Illinois during the investment period. Residency is required for naturalization later, and many investors choose to live in the United States after securing permanent residence. Local living choices may affect state tax planning and schooling for dependents.

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

A regional center allows pooled investments under centralized oversight and may simplify job creation calculations. Direct investment requires the investor to directly create jobs through an active business. Each path has distinct evidence requirements and timelines that a lawyer can optimize for a Chicago-area investor.

How long does the EB-5 process typically take from filing to a green card?

The timeline varies by case and regional center dynamics but often spans 1 to 3 years for I-526 approval, followed by the transition to conditional permanent residence, and then removal of conditions within the two-year window. Naturalization, if pursued, typically occurs after five years of permanent residency.

What are the source of funds requirements for EB-5?

Investors must prove that the funds come from legitimate sources and provide a robust paper trail. This includes tax returns, bank statements, sale documents, and transfer records. A well-documented source-of-funds package is crucial to avoid delays or denials.

What is the cost of hiring an EB-5 attorney in Oak Brook?

Legal fees vary by practice and project complexity but commonly range from several thousand to tens of thousands of dollars, plus government filing fees. Fee structures typically include upfront retainer, periodic work fees, and success-based components for certain milestones.

Can I rely on a local Oak Brook lawyer to handle all EB-5 steps?

Yes, but you should select an attorney experienced with EB-5 and familiar with Chicago-area economic and regulatory contexts. A local attorney can coordinate with investment professionals and ensure documents meet federal requirements and local expectations.

Is there a waitlist or visa retrogression for EB-5 investments?

Visa availability depends on annual quotas and country of origin; some applicants may experience waiting periods. An attorney can provide current visa availability data and help plan around potential retrogression.

What steps should I take if my I-526 is denied or questioned?

Consult with an immigration attorney to review the denial notice and identify possible alternative structures or evidence upgrades. A well-prepared response can often address issues related to source of funds, job impact, or project viability.

What is the difference between naturalization and green card status in this context?

A green card grants lawful permanent residency, which may lead to naturalization after meeting residency requirements. Citizenship itself is obtained after naturalization, typically after five years, or three years if married to a U S citizen.

5. Additional Resources

6. Next Steps

  1. Consult a Chicago-area immigration attorney with EB-5 experience to review eligibility for your family and business goals. Schedule an initial 60-minute assessment within 1-2 weeks.
  2. Gather documentation showing lawful sources of funds, corporate ownership, and any prior immigration history. Plan a 2-4 week data collection window.
  3. Choose between direct investment or a regional center path, evaluating job creation certainty and project oversight. Decide within 2-6 weeks after initial consultation.
  4. Prepare and file the I-526 petition with your attorney, including a complete business plan and job-creation model. Allow 12-24 months for processing, depending on USCIS workload.
  5. Plan for consular processing or status adjustment once I-526 is approved, including medical exams and interviews. Schedule within 3-12 months after I-526 approval.
  6. If approved, apply for conditional permanent residence and move to Oak Brook or neighboring Illinois as appropriate. Begin residency tracking for naturalization eligibility.
  7. Monitor deadlines for removal of conditions (I-829) and plan for naturalization timelines with your attorney. Target removal of conditions around the two-year anniversary of permanent residency.

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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.

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