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So Your Client is a Wealthy Foreign National
n some respects having a wealthy foreign national as a home buyer is just like having any other wealthy client. There are no visa requirements for a person to buy a home in the United States, so a foreign national who enters as a tourist is perfectly within his/her rights to purchase a home or two in the United States. However, there are certain things that every foreign national should be aware of when purchasing a home in the U.S. Whether a person enters the U.S. under the visa waiver program (some nationalities, for example Canadians, do not require a visa to enter the U.S.) or with a tourist visa, there are key limitations to their status in the U.S. While a tourist visa allows a person to visit the U.S. for either business or pleasure (shopping, sightseeing, etc.), it does not allow them to engage in activities that may indicate that they have long-term intent to stay in the U.S.
our government views foreign visitors. The Department of State’s Consular Officers who review applications for tourist visas do so with the assumption that everyone who is applying to visit the United States wants to live here. Enrolling your kids at the local elementary school is pretty strong evidence that even though you came in as a tourist you have long term plans to stay in the U.S., which won’t look good once a perceptive immigration or Department of State official takes notice.
What not do in Texas as a Foreign National… So your client has purchased a home in Texas and as a home buyer he or she will be required to pay all of the requisite taxes to the requisite entities, which invariably include school districts. Your client may understandably believe that since they are contributing to the tax base for the local school district they can enroll their children in school. Do not look to the school districts for guidance; they will admit any school age child that comes their way. But for immigration purposes this is a big no-no.
What to do in Texas as a Foreign National… Depending on their individual circumstances, there may be several options available for individuals who wish to live and work in the United States. The foreign national may qualify for a nonimmigrant visa which would allow him/her to live and work in the United States; these visas include dependent visas for qualifying family members. Exactly which type of visa often depends on the country of origin or nationality of the individual foreign national. For example, Mexican Nationals have options based on NAFTA. These include trade visas (E-1), investment visas (E-2) and visas for professionals (TN); other countries have similar visas (except for the TN) based upon individual treaties with the United States. Generally, depending on individual circumstances, foreign nationals may potentially qualify for a specialized knowledge visa (H-1B), intra-company transfer for managers or executives (L-1A) or essential employee intra-company transfer (L-1B) or even a student visa (F-1).
Just as a foreign national who is visiting as a tourist cannot work for a company in the United States, they cannot enroll their children in public schools. This has something to do with a concept that is the cornerstone of how
Foreign nationals with long-term interest in immigrating to the United States must always utilize a dual strategy; one which utilizes both short term and long term planning. In the short term they must have a strategy for living and
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working in the United States; they must have a non-immigrant visa that allows then to live and work in the U.S. In the long term they must have a way to become a permanent resident; there are different paths to permanent residency; most of which require that a company or immediate relative to petition for the foreign national. There is a process, EB-5 by which the foreign national can invest $500,000 or $1,000,000 and become a permanent resident; unfortunately that $1,000,000 home in The Woodlands is not a qualifying investment for purposes of the EB-5 permanent residency process. Navigating Immigration’s Alphabet Soup It is impossible to fully understand the nuances of immigration law by simply reading a brief article. The good news is that, as a real estate professional, it is not required to be equipped with immigration legal knowledge. As a realtor working with a foreign national it is not your job to advise clients regarding immigration issues, but you are in many ways the client’s conduit to living in the United States. By directing a client towards a licensed attorney, whose primary practice is immigration law, you will provide the kind of value added service that will have a positive effect on your clients experience in the United States. Happy clients increase the incidence of referrals and referrals mean success in any language.
For information on the immigration and nationality laws, contact 713-335-3913, info@fosterquan.com or log on to www.fosterquan.com.