I am in the U.S. on a student visa, can my parents buy real property under my name, what happens when my visa expires

You have a lot of issues compacted into your posting.

If the investment is made "in your name," then it is your investment. If a bank account is "in your name" - then it is your bank account. So the first thing you have to sort out is whether you want to make an investment or your parents want to make an investment.

It is true; there are investor visas, but those are for people who invest in active businesses. Real estate, in general, is not an active business. It is a passive investment.

For example, let's say your parents bought $5 million worth of GOOGLE shares. That is also a passive investment. Buying shares of GOOGLE does not give the shareholder a US visa status.

If your main issue is obtaining an immigration status, you should consult an immigration lawyer.

If your main issue is investing in real estate, you should consult a real estate attorney. In general though, investing in real estate does not confer a visa status.

Non-US persons can buy real estate in the US but are subject to FIRPTA regulations on the sale of the property, essentially FIRPTA is a mandatory withholding of a portion of the sales proceeds to effectively require the non-US person to file an capital gains tax return and pay any due taxes. The FIRPTA tax is avoidable through the use of a US based holding company or LLC. As for immigration, owning property in the US may be a positive factor in any immigration situation, but is not, by itself, sufficient to create a right to US residency, visa or naturalization. We have helped many non-US persons acquire real estate in the US; most often for cash (no mortgage), but mortgages are possible under certain situations.

You or your parents would be able to purchase property here. You do not need to have a visa to buy, own or sell real estate, though the comments above relative to FIRPTA are accurate. Typically, when a foreign national sells a piece of real estate they are subject to a 10% withholding. This withholding would be applied toward any capital gains tax which you may owe, with the remainder being refunded. You could also purchase the property through a domestic entity, which is an effective 'work around' of FIRPTA. Please do not hesitate to contact me to discuss this issue further.

Doug Mercurio
978-276-3100