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Residence by investment in the United States is governed primarily by federal immigration law, not by city or state rules. There is no program that grants permanent residence simply for buying a house. The main federal pathways that involve investment are immigrant and nonimmigrant investor categories, such as the immigrant-investor program commonly known as EB-5, and certain nonimmigrant visas that rely on business investment or enterprise activity. These federal programs set eligibility rules, investment thresholds, and filing requirements. Local factors in Lexington - such as real estate availability, business environment, local licensing, and taxes - affect the practical steps an investor must take after securing a federal immigration path. If you are planning to pursue residency or long-term stay in Lexington through investment, you will typically need to coordinate federal immigration filings with local business, real estate, tax and regulatory compliance.
Residence by investment cases involve multiple areas of law at once - immigration, securities and investment, corporate formation, real estate, tax, and local regulatory compliance. A lawyer can explain which federal immigration pathway fits your situation, prepare and file the necessary petitions, and make sure evidence meets legal standards.
Common situations where a lawyer is helpful include structuring an investment to meet immigration requirements, performing due diligence on investment projects or regional centers, drafting operating agreements and purchase contracts, resolving questions about source-of-funds documentation, coordinating tax planning with U.S. and home-country rules, and handling inspections, permits and licenses required by Lexington and Kentucky authorities. Lawyers also help respond to requests for evidence, audits, denials or appeals at the federal level.
Although immigration law is federal, Lexington and Kentucky laws matter for anyone investing or establishing residency in the area. Key local legal considerations include:
- Real estate and property law - Title searches, closing procedures, deed recording, property taxes and local assessments are governed by Kentucky law and the Fayette County recording system. Foreign buyers can purchase U.S. real property, but closings commonly require careful title and tax planning.
- Zoning and building codes - Lexington-Fayette Urban County Government enforces zoning, building permits, inspections and certificates of occupancy. If your investment involves development, renovation or a business location, you must comply with local zoning, building and safety codes.
- Business registration and licensing - To run a business in Lexington, you will typically register with the Kentucky Secretary of State, obtain a local business license or occupational permits if required, and follow state employment and wage laws.
- Tax rules - Federal tax obligations apply to residents and businesses. In addition, Kentucky imposes state income tax and local property taxes apply to real estate. Sales and use tax, employer withholding and other state filings may also be relevant.
- Environmental and land-use regulations - Certain projects trigger environmental reviews, stormwater permitting, or other state and local environmental controls.
- Landlord and tenant laws - If your investment involves rental housing or commercial leases, Kentucky landlord-tenant statutes and local landlord obligations will apply.
Because local rules interact with federal immigration requirements, it is important to coordinate federal filings with attorneys who understand local practice and regulatory expectations.
No. Purchasing residential real estate alone does not create an immigration basis for lawful permanent residence. U.S. immigration law requires qualifying investment under specific federal programs, active business investment in many cases, or family or employment-based eligibility. You may live in Lexington if you are authorized to do so under an appropriate immigration classification.
The EB-5 program is a federal immigrant-investor pathway that provides conditional or direct permanent residence to qualifying investors who make a qualifying investment and create or preserve U.S. jobs. Investors can invest directly in a business or through approved regional center projects. EB-5 is available to applicants no matter where in the United States they plan to live, including Lexington, but each project or investment must meet federal EB-5 requirements and job-creation criteria.
The E-2 visa is a nonimmigrant classification for citizens of certain treaty countries who make a substantial investment in a U.S. business. It allows the investor and certain family members to live and work in the U.S. while the business operates. E-2 is not available to citizens of countries that do not have a qualifying treaty with the United States. E-2 holders must maintain nonimmigrant intent and renew their status as needed.
Investment amounts depend on the program. Federal investor programs set minimums or evaluate whether an investment is substantial in relation to the business. These thresholds and rules may change over time and differ by program. Always consult an immigration lawyer for current minimums and for advice about qualifying investments in your particular case.
Most investor immigration categories permit spouses and dependent children to join the principal investor. Eligibility, the ability to work, and age limits vary by classification. Confirm family inclusion rules with an immigration attorney and plan for any work authorization applications your dependents may need.
Residency and presence requirements vary by visa or green card type. For some nonimmigrant investor visas, physical presence in the United States is required but not necessarily full-time. For conditional permanent residents under an immigrant-investor program, you must comply with rules that preserve permanent residence and demonstrate that the investment and job-creation conditions have been satisfied. Maintain records and consult counsel about absence limits and reentry planning.
Timelines depend on the federal program, the petition backlog, whether your case is direct or through a regional center, and how quickly you can gather documentation. Processing can take months to several years for immigrant investor programs. Nonimmigrant investor visas like E-2 can be faster, subject to visa interview wait times. An attorney can provide a realistic timeline based on current processing times and your chosen pathway.
Risks include the investment failing to create the required jobs or to remain at risk for the required period, fraud or misrepresentation by project promoters, regulatory noncompliance, changes in immigration policy, and tax or liability exposure. Conduct due diligence, obtain independent financial and legal advice, and use escrow or structured protections when appropriate.
Often yes. Immigration lawyers specialize in federal immigration filings. Local issues - real estate closings, title work, state tax planning, business formation, contracts, permits and zoning - are typically handled by attorneys licensed in Kentucky. Coordinating between immigration counsel and local lawyers reduces risk and ensures both federal and local requirements are met.
Check that the lawyer is licensed to practice in the relevant jurisdiction and in good standing with the Kentucky Bar Association. For immigration matters, look for attorneys who specialize in investor immigration and who are members of professional organizations. Ask for references, sample case histories, fee structures, and a written engagement letter. Confirm whether the lawyer carries professional liability insurance and whether they will handle your matter personally or delegate to other staff.
Federal and professional bodies useful for residence by investment matters include U.S. Citizenship and Immigration Services, the U.S. Department of State for visa information, and national tax and customs authorities. Professional associations such as the American Immigration Lawyers Association can help you locate experienced immigration counsel. Locally relevant resources and agencies include the Kentucky Secretary of State for business registration, Kentucky Department of Revenue for tax questions, Lexington-Fayette Urban County Government for zoning and permitting, the Lexington Chamber of Commerce and the Lexington-Bluegrass Association of Realtors for local market information. For financial and project due diligence, consider working with licensed securities counsel, certified public accountants, and independent financial advisors.
1. Clarify your immigration and investment goals - decide whether you are seeking permanent residence, a long-term nonimmigrant status, or simply planning to live and operate a business in Lexington.
2. Schedule a consultation with an experienced immigration lawyer to review federal eligibility, current program rules, and paperwork requirements. Ask about prior investor cases and success rates.
3. Engage local counsel in Kentucky for real estate, corporate formation, tax planning and regulatory compliance. Coordinate communications between immigration and local lawyers so your investment and documentation align with immigration evidence requirements.
4. Perform thorough due diligence on any investment project or business acquisition - review business plans, financial statements, title and environmental reports, and licensing status. Consider escrow arrangements and contractual protections.
5. Prepare source-of-funds documentation early - legal counsel can advise what documents are acceptable to immigration authorities and how to document lawful origin of funds.
6. Obtain written fee agreements and a clear timeline from your lawyers. Keep copies of all filings, receipts, contracts and professional reports.
If you are ready to proceed, begin by collecting personal identification documents, proof of assets, business plans or purchase agreements, and any prior immigration records. Bring these to an initial meeting with immigration and local counsel who can map out a tailored plan and next steps.
