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Can I buy a house if I am an undocumented foreigner now?

Las Vegas, NV |

I entered the country legally but had overstayed since I was out of status. I don't have a SSN. Now my family wants to buy a house in the States for investment also for me to live. Supposedly it will be paid in cash. I am wondering if the house can be on my name? Will it cause me some tax problems? Or it's better they buy it under their names? (They aren't American, nor do they live in the States.) What documents are needed to purchase real estate as a foreigner?

Attorney Answers 3

Posted

Consult with a local real etate attorney. However, you may want to consider what will happen to your property if you are deported? If you do intend to hold title, you should have a power of attorney in place with someone who does have legal status in the United States, to step in and have the ability to undertake financial transactions related to the property; if you were to be deported.

Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

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Posted

With a cash payment, you should be able to buy and hold the property in your own name. Work with a local real estate attorney, I do not believe your immigration status will even factor into this.

This is not legal advice but a general comment on society. International Law 24/7 hotline +1-202-318-2406 - Dr. Jonathan Levy, PhD calls or emails usually returned within 24 hours.

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Posted

I agree with my colleague that you should contact a real estate attorney. Immigration status should not be a factor in an all cash purchase.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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