Best Residence by Investment Lawyers in Marietta

About Residence by Investment Law in Marietta, United States

Residence by Investment, often referred to as investment immigration or the "golden visa," is a process where foreign nationals can obtain legal residency in a country through substantial investment. In the United States, this is most commonly known through the EB-5 Immigrant Investor Program, which grants lawful permanent residency to individuals who invest in job-creating U.S. enterprises. While Marietta, Georgia, does not have unique Residence by Investment laws, applicants may choose to live or do business in Marietta after securing their U.S. residency through a qualifying investment. Residency by investment in Marietta follows federal laws and regulations, so understanding both national and local implications is crucial for individuals considering this path.

Why You May Need a Lawyer

Navigating the Residence by Investment process can be complex due to the intricate federal immigration regulations and the financial considerations involved. Here are some common reasons you might seek the help of a lawyer:

• Determining eligibility for the EB-5 or other relevant investor visa programs.
• Structuring your investment to meet all legal requirements, including job creation and targeted employment area (TEA) eligibility.
• Due diligence on investment projects to minimize risks of fraud or loss.
• Managing the application process and preparing all necessary documentation.
• Responding to requests for evidence (RFEs) or dealing with delays and denials.
• Ensuring compliance with both federal immigration laws and local business regulations in Marietta.
• Assisting with family member inclusion for dependent visas, such as for spouses or children.
• Handling petitions for removal of conditions on residency after the conditional period ends.

Local Laws Overview

While Residence by Investment in Marietta is governed primarily by U.S. federal law, understanding Marietta's local business environment and state regulations is critical. Key aspects to consider include:

• Business Licensing and Zoning: If your investment involves opening or purchasing a business in Marietta, you will need to comply with local licensing and zoning requirements.
• Georgia State Taxes: Businesses and residents are subject to state and local tax laws, which may affect your investment's viability.
• Employment Laws: If creating jobs as required under EB-5, you must adhere to federal, state, and local employment laws.
• Regional Center Projects: Many investors opt for EB-5 Regional Center projects. These centers operate throughout Georgia, including near Marietta, and must maintain federal and state compliance.

It is important to conduct due diligence on investment opportunities in Marietta and understand how local regulations affect your plans.

Frequently Asked Questions

What is the minimum investment required for Resident by Investment in the United States?

The minimum EB-5 investment is typically one million dollars, or eight hundred thousand dollars if investing in a targeted employment area (TEA) which is either rural or experiencing high unemployment.

Can I invest in a business located in Marietta, Georgia?

Yes. EB-5 investments can be made in businesses anywhere in the United States, including in Marietta, provided they meet federal program requirements.

Do I have to manage the investment myself?

You can choose between direct investment, where you may have a more active role, or invest through a Regional Center, which is more passive.

Can my family members obtain residency through my investment?

Yes. Your spouse and unmarried children under 21 can be included in your EB-5 application for permanent residency.

How long does the process take?

Processing times vary but usually range from two to five years, depending largely on application volume and USCIS timelines.

Can I reside anywhere in the United States, even if my investment is based in Marietta?

Yes. You are generally allowed to live anywhere in the United States, regardless of your EB-5 investment location.

What are the risks involved with the EB-5 program?

Risks include missing the job creation requirement, project failure, or fraud. It is vital to conduct thorough due diligence and work with professional advisors.

Will my children have access to local schools in Marietta?

Yes. Lawful permanent residents can enroll their children in public or private schools in Marietta.

Am I eligible for U.S. citizenship through the EB-5 program?

Permanent residents may apply for U.S. citizenship after five years, provided they meet residency and other legal requirements.

What happens if my application is denied?

If your application is denied, you may appeal or reapply, depending on the reason for denial. A qualified immigration attorney can help you review your options.

Additional Resources

Consider the following resources to learn more about Residence by Investment programs:

• United States Citizenship and Immigration Services (USCIS) - for EB-5 Program guidelines and forms.
• State of Georgia Department of Economic Development - for information on investing and doing business in Georgia.
• Marietta City Government - for local business licensing and compliance regulations.
• American Immigration Lawyers Association (AILA) - for finding qualified immigration lawyers.
• Regional Centers in Georgia - for information on EB-5 Regional Center investment opportunities.

Next Steps

If you are considering Residence by Investment in Marietta, United States, begin by learning about the EB-5 program and assessing your eligibility. Review potential investment opportunities with care, especially those located in or near Marietta. Consult an experienced immigration attorney who can guide you through the entire application process, help you avoid common pitfalls, and ensure your investment meets all legal requirements. Finally, gather all necessary documents, be prepared for detailed scrutiny of your financial and personal background, and remain proactive in following up on your application status.

Taking these steps will help you navigate Residence by Investment in Marietta confidently and stay compliant with all relevant laws and procedures.