Best Residence by Investment Lawyers in Tempe

About Residence by Investment Law in Tempe, United States

Residence by Investment, often referred to as "investor visa" or "golden visa" programs, allows foreign nationals to obtain lawful residency in a country through qualifying investments. In the United States, there is no city-specific residence by investment program for Tempe, Arizona, but individuals can pursue a national route, mainly the EB-5 Immigrant Investor Program. Under this program, eligible foreign investors and their immediate families can apply for lawful permanent residence (green cards) by investing in a new commercial enterprise that creates jobs for U.S. workers. Tempe, being part of the Greater Phoenix area, is an attractive location for such investment due to its economic growth and robust real estate and business opportunities.

Why You May Need a Lawyer

Applying for residency through investment is a complex legal process involving immigration law, finance, and business regulations. Common reasons to seek legal assistance include:

- Navigating the requirements for the EB-5 program or other relevant visas - Conducting due diligence on investment opportunities in Tempe, such as real estate or business ventures - Preparing and submitting all required documentation to U.S. Citizenship and Immigration Services (USCIS) - Understanding the potential risks, including denial of the application or revocation of status - Ensuring investments comply with federal, state, and local laws - Managing issues related to job creation requirements and business structure - Handling unexpected legal hurdles, audits, or requests for evidence from immigration authorities - Advising on tax implications for new residents

Legal guidance helps investors minimize risk, meet deadlines, and comply with all relevant laws and regulations.

Local Laws Overview

The U.S. residence by investment process is governed by federal immigration law, so city or state-specific regulations in Tempe do not usually impact eligibility for investor visas. However, investing in Tempe involves compliance with local business licensing, real estate law, zoning ordinances, and tax requirements in Arizona. Key legal considerations include:

- Ensuring your investment is in a legitimate enterprise that meets USCIS EB-5 criteria - Understanding Arizona state tax laws and property laws that may affect your investment - Compliance with Tempe's business registration and zoning regulations for new commercial ventures - Awareness of local labor laws impacting job creation requirements - Coordination with regional centers if applying through an EB-5 regional center project in the Tempe area

Legal professionals with expertise in U.S. and Arizona law can help ensure every aspect of your investment and residency petition is compliant.

Frequently Asked Questions

What is the minimum investment required for the EB-5 program?

The minimum investment is generally $1,050,000. However, if the investment is made in a Targeted Employment Area (TEA) which includes certain areas in or near Tempe, the minimum may be reduced to $800,000.

Can I invest in residential real estate to qualify for residency?

Personal residential real estate investments do not qualify. The investment must be in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers.

How long does it take to obtain a green card through the EB-5 program?

The timeline can vary, but on average, it takes 18 to 36 months. Processing times depend on USCIS workload, project type, and your country of origin.

Is there a language requirement for residence by investment in Tempe?

No, there is no formal English language requirement for the EB-5 Immigrant Investor Program.

Can my family be included in my application?

Yes. Your spouse and unmarried children under 21 years old can be included in your EB-5 application.

Do I need to manage the business in which I invest?

You are required to be involved in the management or policy formation of the business. Day-to-day management is not required, especially if investing through a regional center.

Are there risks to my investment?

Yes. As with any investment, there are financial risks, and there is no guarantee of return or approval of permanent residency. Legal due diligence is strongly recommended.

What happens if my application is denied?

If your EB-5 application is denied, you may lose your investment or have limited recourse to appeal. Consulting an immigration attorney before applying can help avoid common pitfalls.

Can I live anywhere in the United States once I get my green card?

Yes, EB-5 green card holders can reside anywhere in the United States, including Tempe, regardless of where the investment is located.

What are the tax implications of becoming a U.S. resident?

Green card holders are subject to U.S. taxes on worldwide income. Consulting an immigration and tax attorney is essential to understand your obligations before applying.

Additional Resources

For individuals interested in residence by investment in Tempe, the following resources and organizations may help:

- U.S. Citizenship and Immigration Services (USCIS) EB-5 Program information - American Immigration Lawyers Association (AILA) directory - Arizona State Bar Association - Immigration Law Section - City of Tempe Economic Development Department for business-related inquiries - Arizona Commerce Authority for information on state incentives and business registration - Regional Centers approved by USCIS with projects in or near Tempe

Next Steps

If you are considering applying for residence by investment in Tempe, here are the recommended next steps:

- Research your eligibility for the EB-5 or other investor visa categories - Consult with an experienced immigration attorney familiar with Tempe and Arizona regulations - Review potential investment opportunities and conduct thorough due diligence - Prepare your required documentation, including proof of funds, investment plans, and family information - Submit your application with legal guidance to minimize errors and address any potential issues proactively - Stay informed about local, state, and federal legal changes that may impact your visa status or investments

A qualified legal professional can provide the guidance and support you need to navigate the residence by investment process confidently and successfully.