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Aerial view of Del Mar, California, with its bluffs and lagoon

Immigration guidance

Visas, residency and your assets in the United States

Two things are worth clearing up from the start, because they cause the most confusion.

Photo: Don Ramey Logan · CC BY-SA 3.0 · cropped

Two facts

What the law actually says

  • You don't need residency to buy property in the United States.

    The law does not restrict real estate purchases by foreign nationals.

  • Buying property does not grant you residency.

    There is no visa you obtain simply by acquiring a home.

That said, your immigration situation does affect your loan terms, your tax treatment and how long you can stay in the property you bought. That's why we review it from day one.

By status

Situations we handle

  • Tourist visa (B1/B2)

    The most common case among our clients. You can buy and you can get financing, with a higher down payment. What the visa limits is your length of stay, not ownership.

  • Permanent residency

    Substantially improves loan terms and simplifies tax treatment, especially if you already have a U.S. credit history.

  • Dual citizenship

    You get the same terms as any U.S. buyer. The complexity shifts to tax planning between the two countries.

  • Investment and work visas

    Profiles such as E-2 or L-1 have specific implications for how you should structure the purchase. Here you do need an attorney from the start.

What we do and what we don't

We are not immigration attorneys and we don't provide immigration advice. What we do is identify when your case needs it and connect you with specialized attorneys we've worked with for years, so the real estate side and the immigration side don't contradict each other.

Sunset over the Pacific from Torrey Pines State Reserve

Questions about how your status affects the purchase?

Photo: Gregg M. Erickson · CC BY 3.0 · cropped

Questions? Message us