Fayetteville, AR asked in Immigration Law for Arkansas

Q: Hello, does buying a house in the US and putting it up for rent make one eligible for a green card?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: No, not at all. Maybe, your confusing this with the EB-5 program.

Like many countries, the U.S. provides a means of entry for wealthy people who will pump money into its economy. This is known as the employment fifth preference—or “EB-5”—immigrant visa, which allows people to obtain permanent residence immediately upon entry to the United States.

However, applicants for a U.S. green card based on investment must not only invest between $500,000 and $1 million in a U.S. business, they must take an active role in that business (though they don’t need to control it).

Green cards for investors are limited in number, to 10,000 per year, and green cards for investors from any one country are limited as well. If more than 10,000 people apply in a year, or a large amount of people from your country apply that year, you might be placed on a waiting list based on your “priority date” (the day you filed the first portion of your application).

Most people don’t have to worry about being put on a waiting list: Until recently, the 10,000 limit had never been reached. In the last several years, however, demand for EB-5 visas from China has created a waiting list for Chinese investors. People from other countries currently (as of 2016) do not have to wait.

Get a lawyer for this visa! If you can afford an investment-based green card, you can afford the services of a high-quality immigration lawyer. The EB-5 category is one of the most difficult categories under which to establish eligibility, and absolutely the most expensive. It is well worth paying for legal advice before taking any significant steps toward applying for this visa.

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