Does real estate investment in the US grant a residence permit?

ENTRANCE

The United States, being one of the world's largest real estate markets and offering diverse opportunities, attracts many foreign investors. Many, including Turkish citizens, wonder if it's possible to obtain a Green Card by purchasing a house, land, or commercial property in the US. However, a review of US immigration law and practices reveals that obtaining a residence permit directly through real estate investment is not as easy as it seems. This article will detail the role of real estate investment in securing residency and work rights in the US, the current visa regime, legal avenues, common mistakes, and practical information for Turkish citizens.

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1. Real Estate Investment and Legal Status in the USA

A. Freedom for Foreigners to Purchase Real Estate

The United States has not enacted any laws or restrictions preventing foreign investors and individuals from purchasing real estate such as houses, apartments, commercial spaces, or land.

• Anyone, including Turkish citizens, can buy real estate in the United States, either individually or as a company.

• Property registration and legal ownership procedures are virtually identical to the rights granted to U.S. citizens.

• It is possible to open a bank account, obtain a loan, and generate rental income.

B. Does Purchasing Real Estate Grant a Residence Permit (Green Card)?

Under U.S. immigration law, simply purchasing real estate, regardless of the investment amount, does not automatically grant an applicant a residence permit, work permit, or Green Card.

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2. Alternative Ways to Obtain Residency in the US Through Real Estate Investment

Investing in real estate in the United States does not directly grant immigration rights. However, it is possible to obtain residency indirectly through some investor visas and programs described below:

A. EB-5 Investor Visa

• The EB-5 program is generally for active business investments (starting a business, creating jobs).

• Investing in real estate projects is possible; however, this investment must be part of a business project and is not considered a passive investment (simply buying a house/land).

• Conditions:

  • Minimum investment of $800,000 USD (in targeted regions) or $1,050,000 USD

  • Creating at least 10 full-time jobs for US citizens

• Investing in real estate development projects may be eligible for EB-5; however, simply purchasing a residential property does not fall under this scope.

B. E-2 Investor Visa

• Türkiye is one of the countries that can apply for an E-2 visa.

• To establish an active and sustainable business in the US, a reasonable amount of capital must be invested.

• Simply purchasing a house or land is not enough for an E-2 license; a functional and job-creating company is required.

• An E-2 visa does not directly grant access to a Green Card, but it offers the possibility of long-term legal residency and business management in the United States.

C. L-1 Intra-Company Transfers and Commercial Activities

• It is possible for an international company to open a branch in the US, make commercial investments, or transfer management or expert personnel using an L-1 visa.

• If real estate investment is part of this type of commercial activity, it can be a pathway to a residence permit; however, there is no direct link to individual home purchase.

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3. Common Mistakes and Fraud Risks

• Misinformation:
  Advertisements and promises like "Buy a house in America, get a Green Card" are not true. There is no such right under US law.

• Fraudulent Brokers and Advisors:
  Some brokerage firms are committing fraud by promising residency in exchange for investment and charging exorbitant commissions. Always obtain information from official and reliable sources.

• Real Estate Investment and Tourist Visa:
  Owning property can be a positive indicator in tourist visa applications (a sign of intention to return to the US), but it has no bearing on residency permits.

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4. Rights Acquired Through Real Estate Investment in the USA

• Full Ownership of the Property:
  Purchasing residential or commercial property confers full ownership rights under US law.

• Rental Income and Tax Liability:
  Rental income can be earned; however, a tax return must be filed in the United States. Foreign investors are also subject to the US tax system.

• Opening a Bank Account and Financial Transactions:
  As a property owner in the US, it is possible to open a bank account, obtain loans, and conduct insurance transactions.

• Ease of Travel to the U.S.:
  Property ownership may be considered a “binding factor” in visa applications, but it does not automatically create a visa or residency right.

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5. Integration of Real Estate with Alternative Immigration Programs

Some countries in the world offer programs called "Golden Visa" that grant direct residency in exchange for real estate investment (e.g., Portugal, Spain, Greece).
The US does not have such a Golden Visa system. However:

• EB-5 and similar investor visas allow for partnership/capital investment in commercial projects such as real estate, hotels, shopping malls, and residential development.

• Participating as an active investor or partner in these projects can increase the chances of obtaining a Green Card if you meet the EB-5 requirements.

• Purchasing only property (e.g., buying a house) is not sufficient for EB-5.

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6. Legal and Practical Advice

• If a residency permit is the goal:
  Plans should include not only real estate investment, but also active commercial investment and job creation in the United States.

• Before any application or investment:
  Advice should be sought from attorneys specializing in US immigration law; the legal eligibility, tax liabilities, and financial risks of the investments should be thoroughly analyzed.

• If you plan to stay in the US for an extended period after making a real estate investment:
  Carefully follow the current visa regulations and limits on your permitted stay outside the US.

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7. The Court of Cassation in the Context of US Federal and ECHR Decisions

In Turkey, the Supreme Court considers the property rights in the United States in property division, inheritance, and family cases involving Turkish citizens who own real estate in the US.
US federal courts place great emphasis on whether the investment is passive or active, whether it creates employment, and whether it meets investor visa requirements when considering immigration claims based on real estate investment. In European Court of Human Rights
(ECtHR) decisions, the right to property, the right to a fair trial, and the prohibition of discrimination are fundamental principles.

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8. Conclusion and Legal Evaluation

Investing in real estate in the United States does not automatically grant a residence permit, work permit, or Green Card.

• To obtain legal residency, the investment must be active, commercial, and job-creating.

• Simply buying a house/residence/land is not enough.

• With investor visas such as EB-5 and E-2, investing in real estate projects and establishing a company can pave the way for residency.

• Legal advice should be sought throughout all processes, and investments should not be made from sources other than official and reliable ones.