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Visiting USA and buying property

Last post 04-16-2008, 7:16 AM by Lev Kobrin. 8 replies.
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  •  04-13-2008, 4:10 PM 187368

    Visiting USA and buying property

    I can't find any information on this subject so I will ask all of you

    Question:    If someone is visiting the United States on a visa and decides to purchase a house or land while they are here, does the fact that they own property in the USA have a benefit as to the US granting a future immigration visa in order to move here from the Ukraine?     I do know that if the immigrant pays cash for the property, there is no obstacle to ownership as long as they assume the future taxes and insurance on the property.

    I would greatly appreciate any input on this subject.


    Make each day count to improve yourself and those around you
  •  04-13-2008, 8:59 PM 187377 in reply to 187368

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    Re: Visiting USA and buying property

    No.
  •  04-13-2008, 11:21 PM 187380 in reply to 187377

    Re: Visiting USA and buying property

    Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

    In general, "eligible individuals" include those:

    1. Who establish a new commercial enterprise by:

      • creating an original business;
      • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
      • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
    2. Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:

      • at least $1,000,000, or
      • at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
    3. Whose engagement in a new commercial enterprise will benefit the United States economy and:

      • create full-time employment for not fewer than 10 qualified individuals; or
      • maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.
  •  04-13-2008, 11:54 PM 187382 in reply to 187380

    Re: Visiting USA and buying property

    Buying a house does not constitute a commercial enterprise. Or am I mistaken?

  •  04-14-2008, 8:52 AM 187386 in reply to 187382

    Re: Visiting USA and buying property

    Buying a house - no, but it seems to me that building one - might be.
  •  04-14-2008, 10:40 AM 187393 in reply to 187386

    Re: Visiting USA and buying property

    Thanks Muidugi, this is the type of information I was looking for.    Are you a lawyer?    You seem to know a lot.   Exact problem is as follows:

     

    Wealthy Ukrainian relative tired of corruption in Ukrainian Government has shut down his business in Ukraine.  Wants to immigrate to US but Visa hard to get.   Can get a travel visa for himself.  Wants to do something to enable himself to bring wife and small child over to US while he is here on visit so as when he goes home, he can reapply for visa for entire family.    Investment ability in small 7 figures.   Any suggestions?

    By reading your advice, he could start a small business, invest at least 1 million dollars, and employ at least 10 people, and BINGO.  Do you read this the same way?  

    His original idea was to just buy a house near us and hope it was sufficient.  


    Make each day count to improve yourself and those around you
  •  04-14-2008, 12:52 PM 187399 in reply to 187393

    Re: Visiting USA and buying property

    Mark,

    Yes, that's how I read it. I am not a lawyer, God forbid, but this wealthy Ukranian probably needs to talk to a reputable immigration lawyer. EB-5 Visa is limited to 10,000 issues a year.

     

  •  04-14-2008, 5:01 PM 187411 in reply to 187399

    Re: Visiting USA and buying property

    He will also have to proof his million is not from drugs.

    - Независимость - это когда в 20-й раз наступаешь на одни и те же грабли, а русские уже ни при чем....
  •  04-16-2008, 7:16 AM 187469 in reply to 187393

    Re: Visiting USA and buying property

    К сожалению, приобретение просто недвижимости (дома) никак не помогает легализации. Если же говорить об инвесторской визе, которую вам предложили, то тут достаточно много сложностей. В первую очередь - финансовые (виза "Е" требует 1 млн. дол. вложения), дальше, как Вам уже сказали - квота. Кроме того, нужно создават рабочие места и т.д.

    Вам, скорей всего нужно искать другие способы легализации.

    Лев Кобрин - юрист, магистр права. 

    mkgilstrap:

    Thanks Muidugi, this is the type of information I was looking for.    Are you a lawyer?    You seem to know a lot.   Exact problem is as follows:

     

    Wealthy Ukrainian relative tired of corruption in Ukrainian Government has shut down his business in Ukraine.  Wants to immigrate to US but Visa hard to get.   Can get a travel visa for himself.  Wants to do something to enable himself to bring wife and small child over to US while he is here on visit so as when he goes home, he can reapply for visa for entire family.    Investment ability in small 7 figures.   Any suggestions?

    By reading your advice, he could start a small business, invest at least 1 million dollars, and employ at least 10 people, and BINGO.  Do you read this the same way?  

    His original idea was to just buy a house near us and hope it was sufficient.  


    Лев Кобрин – имя, которому верят!!!
    юрист-международник, магистр права

    МОСКВА:
    (499) 746-9319 (office)
    (916) 503-8413 (mobile)

    Nothing on this answer should be taken as legal advice. For legal advice, consult an immigration attorney.

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