Best Residence by Investment Lawyers in Aurora

1. About Residence by Investment Law in Aurora, United States

In Aurora, as in the rest of the United States, there is no separate city or state program called " Residence by Investment." The pathway to lawful residency through investment is a federal process known as the EB-5 Immigrant Investor Program. This program is federal law and applies nationwide, including Aurora’s metro area in Colorado.

The EB-5 program requires an investment in a qualifying U.S. commercial enterprise and the creation or preservation of jobs for U.S. workers. Investors may pursue either a direct investment or a project funded through a designated regional center. A successful petition grants conditional permanent residence for two years, after which investors may seek to remove conditions and obtain permanent residency if eligibility criteria are met. This process can ultimately lead to U.S. citizenship after meeting the statutory residency requirements.

Key elements you should know include the investment thresholds, job creation requirements, and the distinction between direct and regional center routes. The federal framework governing these elements has undergone notable changes in recent years, particularly with reforms introduced in 2022 to strengthen safeguards and program integrity.

The EB-5 program requires the investment to create or preserve at least 10 full-time jobs for U.S. workers per investor, with regional centers allowing indirect job counting. This is a foundational requirement under current law.

Citations: For the latest official program details, see the U.S. Citizenship and Immigration Services (USCIS) EB-5 page and the Department of State guidance on immigrant investors.

USCIS EB-5 Immigrant Investor Program - official guidance on eligibility, forms, and process.

Travel.State.gov Immigrant Investor Program - consular processing and visa considerations for EB-5 investors.

2. Why You May Need a Lawyer

Residency by investment involves complex federal requirements and risk management. An immigration attorney or attorney specializing in investor visas can help you navigate the process in Aurora and the Denver metro area.

Direct investment versus regional center structures

A local investor in Aurora may consider a direct investment in a Colorado business or use a regional center project. An attorney can assess which path best fits your funds, timeline, and risk tolerance.

Preparing and supporting an I-526 petition

Your attorney helps assemble the business plan, source-of-funds documentation, and the job creation model needed for Form I-526. The accuracy of these materials is crucial for avoiding RFEs or denial.

Responding to requests for evidence (RFE) and denials

If USCIS issues an RFE, an immigration attorney can respond with targeted documentation and expert arguments. A denial requires strategy on potential appeals or new filings.

Removal of conditions on residence (I-829) timing and submission

Two years after approval, you must file to remove conditions. An attorney coordinates the timing, evidence of job creation, and any needed business restructuring to satisfy the standard.

Financial due diligence and source of funds

USCIS scrutinizes the origin of investment funds to prevent illicit sources. A lawyer helps structure funds, organize financial documentation, and ensure compliance with anti-money laundering rules.

Change of circumstances and ongoing compliance

If your business plans change or you encounter new regulatory requirements, an attorney can adjust strategy and filings while remaining aligned with federal law.

Bridge to citizenship considerations

After obtaining permanent residency, many investors plan for eventual naturalization. An attorney can map out timelines and eligibility for U.S. citizenship under current rules.

3. Local Laws Overview

Aurora residents seeking residence by investment operate under federal immigration law. There are no separate Aurora or Colorado statutes that create or govern an EB-5 investment pathway. The applicable framework is federal law and federal regulations.

What governs EB-5 residency in Aurora includes key federal authorities and enacted reforms. These include the Immigration and Nationality Act and the regulatory framework around immigrant investors and regional centers. Current policy developments, including safeguards introduced in 2022, affect project eligibility, job creation proof, and regional center operation.

Important federal statutes and regulations to review:

• Immigration and Nationality Act (INA), 8 U.S.C. 1153(b)(5) - governs immigrant investor eligibility and quotas.
• 8 C.F.R. 204.6 - Petitions for immigrant investors (including I-526 petition requirements).
• 8 C.F.R. 204.16 - Regional centers and related requirements for investor projects.

Recent changes and context: The EB-5 Reform and Integrity Act of 2022 introduced enhanced program integrity measures, new reporting requirements for regional centers, and clarified pathways for investors. These changes are reflected in USCIS policy guidance and legislative history.

Citations: See the official USCIS policy resources and federal statutes for precise text and current applicability.

USCIS Policy Manual - Immigrant Investors

USCIS EB-5 Immigrant Investor Program

Travel.State.gov Immigrant Investors

4. Frequently Asked Questions

What is the EB-5 program in simple terms?

The EB-5 program offers a path to a green card for investors who fund a qualifying U.S. business and create jobs. Investors receive conditional permanent residency, followed by a removal of conditions if requirements are met.

How do I start the EB-5 process from Aurora?

Start with a consultation with an immigration attorney to evaluate investment options, gather funds, and plan the I-526 petition. Your attorney helps coordinate documents and timelines.

What is the minimum investment amount I must consider?

Under current law, investments are typically $1,050,000 or $800,000 if the project is in a targeted employment area. Definitions of TEA are provided by USCIS guidance.

Do I need to invest in a specific project to qualify?

You may invest directly in a new commercial enterprise or through a regional center project. The choice affects how job creation is proven and how funds are managed.

What is the difference between direct investment and a regional center project?

Direct investments create jobs directly in your enterprise, while regional centers allow indirect job counting. Regional centers can offer more flexibility for large-scale projects.

How long does the I-526 petition take to adjudicate?

Processing times vary widely. Historically, I-526 may take 12 to 36 months or longer depending on backlogs and project specifics.

What happens after I-526 approval?

You file for conditional permanent residency (I-485 if inside the U.S., or consular processing if outside). The conditional status lasts two years.

Do I need to show the source of funds?

Yes. USCIS requires clear documentation showing that funds were lawfully obtained and lawfully transferred to the investment project.

What is needed to remove conditions on residence?

You must file I-829 during the final 90 days of the two-year conditional period and demonstrate that the investment created or preserved the required jobs.

How soon can I seek citizenship after residency?

Permanent residents may apply for naturalization after meeting the general residency and good-character requirements, typically five years after becoming a permanent resident.

What if I face a denial or an RFE?

Your immigration attorney analyzes the decision, prepares a precise response, and may suggest alternative investment or petition strategies.

Are there tax considerations I should plan for early?

Yes. Investment funds, source of funds, and U.S. tax obligations require careful planning with an attorney and a tax professional to avoid issues.

5. Additional Resources

• USCIS - EB-5 Immigrant Investor Program: Official program information, forms, and guidance. https://www.uscis.gov/eb-5
• Travel.State.gov - Immigrant Investors: Visa processing and consular guidance for EB-5 investors. https://travel.state.gov/content/visas/en/immigrant-investors.html
• Congress.gov - EB-5 Reform and Integrity Act information and legislative history. https://www.congress.gov/search?q=%22EB-5%20Reform%20and%20Integrity%20Act%22

6. Next Steps

1. Schedule a consultation with an Aurora-based immigration attorney who specializes in investor visas. Ask about direct vs regional center options and project due diligence. 1-2 weeks.
2. Gather documentation and begin the funds-trace process. Prepare bank statements, gift letters, tax returns, and source of funds affidavits. 2-6 weeks.
3. Select a project structure and investment plan with your attorney. Decide between direct investment or a regional center project and review job creation plans. 2-4 weeks.
4. Prepare and file Form I-526 with the supporting economic model and job creation plan. Coordinate with your attorney on evidence and timelines. 3-12 months (typical, varies by case).
5. Plan for your next step after I-526 approval, including consular processing or adjustment of status. Align travel plans and documentation with your attorney. 1-6 months.
6. Prepare for the two-year conditional residency period and develop a track to remove conditions. Schedule interim reviews with your attorney. 18-28 months.
7. File Form I-829 to remove conditions and pursue permanent residency, then plan for potential citizenship when eligible. 2-4 months after the two-year mark.