Obtaining US citizenship through marriage to an American

ADVANTAGES OF A RESIDENCE PERMIT IN THE USA:

• no educational requirements;
• no managerial or business experience required;
• the source of investment capital can be a gift, inheritance, business or any other legal activity;
• there is no need to live in the region of investment;
• investors can live, work and get education in any US state;
• it is possible to include children under 21 years of age;
• no need to learn the language;
• After 5 years it is possible to obtain citizenship.

Dual citizenship in the USA: allowed or not

Many Russians who want to acquire an American identity, but are not yet ready to part with their Russian passport, are concerned about the question of whether dual citizenship is possible in the United States. It should be noted that the laws of the United States do not define such a concept as “dual citizenship” and do not prohibit (but also do not allow) having two indigenous people at the same time.

Case law (e.g., Mandeley v. Acheson, 344 US 133) allows Americans to hold multiple passports, and accepting one citizenship does not mean renouncing others.

When comparing the pros and cons of US citizenship and any other indigenous person, everyone must make a decision on this issue for themselves. Negative consequences of multiple citizenship include conflicts with taxation and service in the armed forces.

If we consider the issue of acquiring a second (multiple) indigenous status by immigrants from the CIS countries, then Russians have certain advantages, since it is not prohibited for a Russian citizen to obtain citizenship in the United States without renouncing his own.

A new American citizen pledges allegiance to that state, but no formal renunciation of previous citizenship is required.

In practice, thousands of American citizens hold multiple citizenships. So, if a child was born in the United States, becoming an American by right of the land, he can simultaneously retain the citizenship of the country of his parents. Someone during marriage retains their previous passport, etc.

OPTIONS FOR OBTAINING A RESIDENCE PERMIT IN THE USA:

1. Create a business

The applicant must invest $1.5 million in the new company or $900 thousand if the company is located in the target commercial region, including rural areas or areas where the unemployment rate is at least 150% of the national average. With the involvement of 10 qualified employees with US citizenship on a full-time basis. The investor must participate in the work of the company.

2. Contribution to the regional center

Regional Centers are investment destinations pre-approved by USCIS. To qualify for this type of investment, the applicant must meet the following:

• investment volume from $900 thousand;
• hire 10 qualified part-time employees with US citizenship;
• possible indirect participation in the work of the company.

COST OF OBTAINING A RESIDENCE PERMIT IN THE USA:

• $15 thousand consultations and legal expenses;
• $50 thousand fee to the regional center;
• $1.5 thousand I-526;
• $405 DS-230;
• $3.75k I-829;
• $2.5 thousand I-829 performance fee;
• $85 biometrics;

The cost of support is individual.

Return on investment:

• from $900 thousand

In March 2021, US President Donald Trump signed the Consolidated Budget Act, which, among other things, provides for the extension of the EB-5 program for the next six months. It is this program that allows investors to obtain a residence permit and then citizenship of the United States of America.

The annual quota of visas for obtaining citizenship by investment is 10 thousand. The US Congress is constantly discussing proposals to distribute them between projects of Regional Centers, so that each disadvantaged region, by US standards, receives the necessary financial injections. The debate this year also ended in nothing; the program was extended unchanged. This was facilitated by the lobby of representatives of the real estate market. It is here that infusions flock, investors buy housing for huge sums. This is especially different for the Chinese diaspora, which annually purchases several billion dollars worth of housing in the regions.

The main question is what to invest in

According to the program, the investor must invest in a new enterprise. A commercial company is considered new if it was founded after November 29, 1990, and during this time has undergone changes, for example, increasing the number of employees. Investments can be made in businesses such as:

• business trust;
• private enterprise;
• joint-stock company;
• partnership on shares, etc.

Investments in real estate during the construction phase are considered very profitable. In addition to building shops, hotels or offices from scratch, a businessman applying for a green card can buy an apartment or hotel room for himself.

It is worthwhile to approach the issue of choosing commercial real estate in which you plan to invest as responsibly as possible.

Experienced investors advise paying attention to the following:

• the economy of the state in which you are going to invest;
• taxes in the USA and in the state of your choice;
• the possibility of obtaining tax benefits;
• forecast for the profitability of the enterprise in which you are investing.

All these points can be resolved with the help of various companies that operate in this market segment. Consultations on the above issues will help make your investments more effective.

Where to invest is equally important

The future development and profit that will follow from the investment depends on the place where the investments will be made. In the United States, real estate and commercial prices vary depending on states, proximity to metropolitan areas, and regional development.

By participating in the EB-5 program, a future investor can choose an area with a high unemployment rate that is one and a half times the US average. Or invest money in the development of rural areas near megacities, or in a town with a population of less than 20 thousand people. And also to other areas not related to the above. But then the investment increases to $1 million.

Approximate prices of commercial real estate in the USA

If you decide to invest in a mini-store with a gas station, the investment will reach up to a million dollars. In case of acquisition of this object, 2 million in full.

A supermarket or department store will require an investment of one and a half million. Its total cost is 2.5-3.0 million dollars.

A sports club or shopping center requires an investment of 5 million.

A small 2-star hotel in the states of Washington or Oregon will cost 800 thousand - a million dollars. In California, the same hotel would cost up to 10 million (or half that amount as an investment).

An office center typically costs from one to three million, depending on the size.

How to replace a passport

A passport can be replaced through the postal service if:

- the US citizen's old passport is in good condition and can be submitted for replacement - if the document is damaged, a personal statement will be required,

- the document was acquired over the age of 16 years,

— it was received no more than 15 years ago, in other cases replacement is made by submitting an application in person,

— your data (full name) has not changed or there is legal confirmation of the fact of a change in last name or first name (for example, a marriage certificate).

If a citizen has alimony debts in excess of $2,500, it will not be possible to exchange a passport. In order to exchange your passport by mail, you need to do the following:

— enter the data in Form DS-82, which can be found on the US Department website. You can fill out the form either with your own hand or on a computer and then print it out;

— if the data has changed (first or last name, you must provide a copy of the document certified by a notary);

- pay the state fee - the payment receipt must contain your full data (they can be written by hand). You should not send cash by mail together with other documents;

— attach a photo to the DS-82 form, positioning the photo so that it is not damaged (crumpled);

— send a set of documents to the National Processing Center. Moreover, it is not allowed to bend the papers; you must select an envelope that matches the size of the papers. You can use express delivery services. It is better to arrange shipment with tracking so that you can control the movement of documents.

If a US citizen has been outside the country for a long time and his passport is about to expire, it is possible to change it at his current location. To do this you need:

— fill out the DS-82 form and prepare all the necessary documents,

- contact the embassy or consulate located nearby,

-o pay a fee (allowed both in dollars and in the currency of the country of residence at the consulate exchange rate).

In this case, expedited processing is not permitted. The document will be produced in the USA and sent to the embassy (consulate), where it can be obtained. In exceptional cases, it is possible to obtain a temporary identity card instead of a passport.

PROCESS OF REGISTRATION OF US RESIDENCE PERMIT:

Without knowing the intricacies of American legislation, you should not purchase real estate or businesses on your own. There is a high risk of falling for scammers. Therefore, you need to choose intermediaries, fortunately, today there is the Internet where you can find any company and reviews about it.

Having chosen a broker, it is worth meeting him in person. Any specialist in this matter has lucrative offers that he will open only face to face. Not everything that is advertised and displayed on various notice boards in newspapers, the Internet and on television is worth paying attention to.

You need to conclude an agency agreement with the intermediary, agree on an introductory tour, draw up a binding contract for the purchase of real estate with the payment of 10 thousand dollars as a deposit. In this case, the property will be removed from sale. And then act in accordance with US law.

OBTAINING A GREEN CARD BY INVESTMENT - STEPS:

First, the investor submits a foreign entrepreneur application to the Immigration Service. It should contain the following information:

• confirmation of the fact of sending funds to the selected company;
• amount of investment;
• confirmation of the legality of money (income certificates from the tax office);
• a business plan that complies with the job creation law;
• a project for the future development of an enterprise in which the investor has invested.

After the documents are accepted, it can take from a year to a year and a half. Once the application is approved, the investor and family members are interviewed at the United States Embassy located in the country of residence. The result of the interview is a conditional residence permit for 2 years. This residence permit has the following conditions: the funds contribute to the development of the enterprise in these two years, and the investor himself lives in the USA 180 days a year, no less.

When a year and nine months have passed, the investor submits a request to have the conditionality removed from his residence permit. This is done to obtain a permanent residence permit, a green card valid for 10 years.

This request must include information on the following issues:

• on the direction of investment in the enterprise chosen by the investor;
• documents confirming that 10 jobs have been created there;
• accounting reports on the activities of the enterprise for the year and 9 months.

After which you must wait another 15 months for the application to be considered. If everything that the program requires is completed, the businessman and his family receive a permanent residence permit, which opens up the possibility of obtaining US citizenship in 5-7 years.

Conditions for obtaining US citizenship

In order to be able to obtain a precious US passport, you must fulfill all the conditions listed below:

1. You must be of legal age.
2. You must have been a Green Card holder for at least five years.
3. You must reside for at least three months in the state in which you intend to become a citizen.
4. You must be in the US for at least 2.5 years in a five year period.
5. You must speak English.
6. You must know the history and government of the United States.
7. Follow and comply with all US laws.

Do not forget that you are obliged to pay taxes on time and in full. You can leave the United States for up to six months. Otherwise, your Green Card may be cancelled.

Most Frequently Asked Questions and Answers:

What are the advantages of a residence permit in the United States?
Foreigners living in the United States are blessed with such benefits as a friendly cultural environment, high quality education, medicine and services, high wages, and low food prices. This country has developed its own unique culture that has spread throughout the world and a leading currency system. Based on this, there are many people who want to purchase a residence permit in the United States of America. Currently there is an EB-5 designed for investors who plan to obtain US citizenship to continue their activities.

What are the benefits of the EB-5 program for investors in the US?

To obtain a US residence permit through investment, neither special education nor experience in conducting business is required. You can use any legal sources of funds for deposits. This could be a gift, profit from your own business, or inherited capital. It is not necessary to learn English to live in America. An investor can live in any state of his choice without being tied to the regional location of the companies in which he invests. Anyone who has received a US residence permit can count on US citizenship after 5 years of permanent residence in the States. Children under 21 years of age can be included in the document.

What are the ways to obtain EB-5?

To obtain future US citizenship, an investor must invest at least $1.5 million in opening a new company in the state. The minimum amount is reduced to $900,000 if the business is located in a rural area, small town with low population density, or in a region with high unemployment. The investor must hire at least 10 full-time employees with a high level of qualifications.

To contribute to the country’s economy, an investor can donate funds not only to the development of private business, but also invest in the Regional Center project. This type of investment greatly simplifies the task of obtaining a residence permit for investors, since the RC takes full responsibility for preparing the necessary documents and independently contacts the migration services. The minimum amount for a deposit is $900 thousand. The investor is required to hire at least 10 part-time workers.

To obtain a US residence permit by investing, you should contact an intermediary and enter into an agency agreement with him. Otherwise, the risk of running into scammers increases. Then you need to apply to the Immigration Service for a green card.

How to choose the direction of investment needed to obtain a residence permit in the USA?

Income from investments directly depends on the development potential of the company, which you need to be able to predict. The cost of commercial real estate depends on proximity to big cities, the development of the area and the scale of the enterprise. It is enough to invest a million dollars in a small roadside store, a supermarket will require 2.5 million dollars, the amount of investment in a large shopping center reaches 5 million dollars. The cost of investing in a hotel depends on the specific state in which it is located. In California, the amount of investment in a hotel will reach 10 million; in Washington, 1 million will be enough.

What to do if you arrived on a short-term visa?

Is it possible to marry a US citizen and obtain citizenship on a short-term visa? Undoubtedly. But then get ready to prove that initially you had no such intentions, everything arose spontaneously, and you no longer want to leave.

Before the wedding, you will definitely need to obtain permission from the county administration to register. To do this, submit an application, you can even do it online, attach documents confirming your identity, and pay the state fee. Its size depends on the state - from tens to hundreds of dollars. The permit is issued after you prove that you are not in any other relationship. In some states they will take your word for it, in others - be prepared not only to present documents, but also to tell where your ex (ex) now lives. Each condition is specified in the municipality.

Attention! All documents must be translated into English and notarized.