IMMIGRATION LAW AND THE BASICS

FOR SELLING REAL PROPERTY TO CLIENTS WHO DO NOT HOLD

U.S. CITIZENSHIP

Presented by

Mary Carmen Madrid-Crost, Esq.

The Legal MandateCan citizens of foreign countries purchase real estate ?

YES.The United States does not impose restrictions on foreign buyers of real estate as long as the buyer or a third party is willing to finance the transaction.

Also, the foreign buyer must have the requisite documentation to be able to pay real estate taxes or capital gains tax if the property is sold in the future.

• IRCA IMMIGRATION REFORM AND CONTROL ACT, EFFECTIVE NOV. 7, 1986

• Immigration and Nationality Act (INA) §274 – It is unlawful to hire, recruit or refer for a fee, a person who is not authorized to work in the U.S., INA §274A(a)(1); unfair immigration-related employer practices (UIREP) are prohibited (and subject to sanctions), INA §274B

The Legal MandateThe foreign buyer needs either one of the following –

• Tax identification number (TIN)

• Social Security Number (SSN)

• Federal Employer Identification Number (FEIN)If the buyer is a business organization

• IRCA IMMIGRATION REFORM AND CONTROL ACT, EFFECTIVE NOV. 7, 1986

• Immigration and Nationality Act (INA) §274 – It is unlawful to hire, recruit or refer for a fee, a person who is not authorized to work in the U.S., INA §274A(a)(1); unfair immigration-related employer practices (UIREP) are prohibited (and subject to sanctions), INA §274B

The Legal MandateIf foreign nationals are not restricted from buying real estate, why would the

buyer’s immigration status matter?• To obtain a social security number - issued only to those who

are authorized to work;

• To be able to remain in the U.S. if the condition of the purchase is for the property to be the buyer’s primary residence; and

• To encourage a potential buyer to consider purchasing real estate after becoming aware of options to carry out business in the U.S.

• IRCA IMMIGRATION REFORM AND CONTROL ACT, EFFECTIVE NOV. 7, 1986

• Immigration and Nationality Act (INA) §274 – It is unlawful to hire, recruit or refer for a fee, a person who is not authorized to work in the U.S., INA §274A(a)(1); unfair immigration-related employer practices (UIREP) are prohibited (and subject to sanctions), INA §274B

The Legal MandateWhat are the two types of

foreign nationals who can be potential real estate buyers?

A. Non-Immigrants who are presently in the U.S. or who are about to come in on some type of a visa

B. Residents (conditional or permanent) or those who will soon become permanent residents pursuant to an approved immigrant petition

The Legal MandateNon-Immigrant Visas• Visas requiring maintenance of residence abroad

• Visas allowing dual intent

• Other non-immigrant visas

The Legal MandateVisas Requiring Maintenance of

Residence Abroad• B1/B2: Business visitors/visitors for pleasure• H-2B: Temporary workers for less than a year due to seasonal,

intermittent, peak-load, and one time only situations (see link for H-2B Participating Countries)

• F-1: Academic students• M-1: Vocational students• J-1: Au pair to post-doctoral professionals• Q-1: Cultural exchange• R-1: Religious workers

The Legal MandateVisa Waiver Program

• May enter the U.S. for 90 days without a visitor’s visa

• Applies to citizens of certain countries pursuant to DHS policy (see link for countries participating in the Visa Waiver Program)

• Violation disqualifies the individual from this program

The Legal MandateVisas Allowing Dual Intent

– no restriction to apply for the non-immigrant visa

Dual intent allows issuance of a non-immigrant visa despite pending immigrant petition

• E-1, E-2: Treaty trader, treaty investor (see link for Treaty Countries)

• H-1Bs: Specialty occupation worker

• L-1: Intra-company transferee executive, manager or specialized knowledge worker

• O-1: Individuals of extraordinary ability or achievement business, sciences or the arts

• P-1, P-2 , P-3: Athlete, artist, entertainment group

The Legal MandateOther non-immigrant visa types

• Diplomats

• NATO

• International Media

• Law Enforcement Related Visas:S – material witnesses to the prosecution of a crimeT – victims of severe form of human traffickingU – victims of certain crimes

There are other types of non-immigrant visas but are not applicable in the context of buying or selling real estate.

The Legal MandateImmigrant VisasUnless the visa is immediately available as defined by law, visas are issued on a priority date system. Visas are immediately available to:• Immediate Relatives• Beneficiaries of the following types of employment-based immigrant

petition - Outstanding Professionals Multinational Executives Outstanding Researchers and

Professors Exceptional Ability Aliens Advanced Degree Professionals (except China and India) Special Immigrant Religious Workers Other Special Immigrants

The Legal MandateImmigrant Visas

Family Based Immigration

Type May 2012 Priority Date(Europe)

F-1 – unmarried children of US citizens 01MAY05

F-2A – spouse & unmarried child of permanent resident parent

15NOV09

F-2B – unmarried son or daughter of a permanent resident parent

22FEB04

F-3 – married son or daughter of US citizen parent

08MAR02

F-4 – siblings of US citizens 01DEC00

The Legal MandateImmigrant Visas

Employment Based Immigration

Type May 2012 Priority Date(Europe)

EB-1 - Outstanding Aliens; Multinational Executives

Current

EB-2 – Exceptional Ability Aliens; Professionals with Advance Degrees or Equivalent

Current

EB-3 – Skilled Workers; Unskilled Other Workers

01MAY06

EB-4 – Special Immigrants Current

EB-5 – Entrepreneurs Current

The Legal MandateImmigrant Visas• Diversity Visas (Visa Lottery)

• Asylees and Refugees with credible fear of persecution based on race, religion, nationality, social group and political opinion

• VAWA - Violence Against Women Act (which also protects men who experience abuse)

• Holders of T and U visas can apply for the green card as well.

The Legal MandateImmigrant VisasCancellation of Removal

• 10 years of continuous physical presence

• good moral character

• existence of qualifying relatives: US citizen or permanent resident spouse, parent or child who will suffer extreme hardship if the individual is removed from the United States.

The Legal MandateConclusionRealtors can be in a better position to strategically expand their market as they inform potential real estate buyers of

visa options they may qualify for through the help of licensed, reliable and knowledgeable immigration

professionals.

To make sure that potential buyers do not fall prey to notorious non-licensed immigration services that tend to

thrive in the immigrant communities, please visit www.stopnotariofraud.org.

The Legal MandateUseful Links

Visa Waiver Program Countieshttp://www.dhs.gov/files/programs/content_multi_image_0021.shtm

H-2B Countrieshttp://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=812f47c25cbe4310VgnVCM100000082ca60aRCRD&vgnextchannel=3381c0ed71f85110VgnVCM1000004718190aRCRD

Treaty Trader and Treaty Investor Countries http://travel.state.gov/visa/fees/fees_3726.html

Diversity Visa (Visa Lottery) Countrieshttp://travel.state.gov/visa/immigrants/types/types_1322.html

Stop Notario Fraud www.stopnotariofraud.org

Questions and

Answers

• Mary Carmen R. Madrid-Crost holds a Master of Laws degree from the George Washington University’s National Law Center in Washington, D.C., and two degrees from the University of the Philippines: Bachelor of Laws (equivalent to Juris Doctor) and Bachelor of Arts in Economics. Ms. Madrid-Crost is admitted to the New York bar and she is an active member of the national committee on Consumer Protection and Unauthorized Practice of Law of the American Immigration Lawyers Association (AILA). Inspired by her personal experience as an immigrant who started with a working visa, Ms. Madrid-Crost decided to concentrate her practice in immigration law so she can help individuals looking to fulfill their American Dream, as well as assist U.S. employers to become compliant, especially those who need foreign talent. For more than 15 years now, she has continued to help clients throughout the U.S. and abroad. The leadership roles that Ms. Madrid-Crost has taken from her student days to her active participation in community outreach today have contributed to an impeccable reputation as a reliable, trustworthy and competent immigration lawyer.

Mary Carmen R. Madrid-Crost, Esq.

About the Madrid Crost Law Group

The Madrid Crost Law Group is an established law firm fully concentrating in immigration and naturalization law. For more than 15 years, the Madrid Crost Law Group has been committed to delivering the highest quality of immigration

compliance solutions and legal defense to a broad spectrum of clientele, individuals as well as business organizations, with issues pertinent to the field of

immigration law. All of the law firm attorneys are members of the American Immigration Lawyers Association (AILA). Its principal attorney has taken an

active role in AILA’s national committee on consumer protection and unauthorized practice of law, and has taken a leadership role in the local

committee for workplace enforcement.

• Ms. De La Rosa completed her Master of Laws degree at the University of Illinois at Urbana-Champaign, and her law degree at the Universidad Santa Maria La Antigua in Panama, Republic of Panama. Prior to joining the firm in 2005, Ms. De La Rosa practiced banking and finance laws in Panama as in-house attorney for BAC International Bank. Ms. De la Rosa is proficient in all areas of immigration and nationality laws in the United States. She is fluent in English and Spanish.

Karla De La Rosa, Esq.

• Ms. Shin is licensed to practice law in the State of Illinois. She earned her Juris Doctor degree from the Loyola University School of Law . Ms. Shin is a member of the Korean Bar Association and Asian American Bar Association. Prior to joining the firm, Ms. Shin worked as an Immigration Consultant for the CME Group, providing guidance in securing H1B visas and permanent residency to employees and managers. During her law school internship, she has had the opportunity to work with the Cook County Public Guardians Office, Chicago Department of Law, US Attorney’s Office, and the United States Department of Justice. Ms. Shin is well-versed in employment-based petitions and HR administration and procedures. She is fluent in English and Korean.

Susie Shin, Esq.