USA Law and Practice Contributed by: Christopher Boyett, David Scott Sloan, Max Angel and Eric Bracy, Holland & Knight LLP
citizens may also be treated as US tax residents if they are physically present in the US for a sufficient number of days over a three-year period. Citizenship is governed exclusively by federal law. US citizens and green card holders are subject to US estate and gift tax on their worldwide assets. Non- citizens who are not domiciled in the US are gener - ally subject to US estate and gift tax only on their US-situs assets, though treaty provisions may alter this outcome. 7.2 Expeditious Citizenship Standard Federal Naturalisation Process The United States does not offer a general fast-track mechanism for citizenship based solely on residence in a particular state. Individuals seeking US citizenship must typically follow the standard federal naturalisa - tion process, which includes lawful permanent resi - dency (usually for five years), demonstration of good moral character, passing English and civics exams, and taking an oath of allegiance. “Trump Card” Programme However, in 2025, a new federal initiative – infor - mally known as the “Trump Card” programme – was announced, offering a fast-track pathway to US citi - zenship for foreign nationals who invest USD5 mil - lion. While full regulatory details are pending, the programme is expected to allow qualified applicants to bypass traditional waiting periods and obtain citi - zenship within weeks. The initiative is framed as a mutually beneficial arrangement: wealthy individuals gain expedited access to US citizenship, while the US government receives substantial capital inflows to support economic and budgetary goals. Applicants will be vetted and must meet eligibility cri - teria, but the programme is positioned as a premium route for those who can contribute significantly to the US economy. It is not automatic and requires registra - tion, documentation and approval by US immigration authorities. Expedited Naturalisation Outside of this programme, expedited naturalisation is available in limited cases under existing federal law – for example, for individuals who have served
honourably in the US military or for spouses of US citizens working abroad for qualifying organisations. These pathways require specific documentation and are evaluated on a case-by-case basis. 8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms The US provides several specialised planning mecha - nisms to support the financial and personal well-being of minors and individuals with disabilities, particularly in the context of preserving eligibility for public ben - efits and ensuring long-term care. Special Needs Trusts (SNTs) One of the most widely used tools is the special needs trust (SNT). These trusts are designed to hold assets for the benefit of a person with a disability without disqualifying them from means-tested government programmes such as Medicaid and Supplemental Security Income (SSI). To maintain eligibility, the trust must be carefully drafted to ensure that distributions are used for supplemental (not basic) needs and do not count as income or resources under programme rules. There are several types of SNTs, including first- party, third-party, and pooled trusts, each with specific requirements and use cases. Uniform Transfers to Minors Act (UTMA) For minors, the Uniform Transfers to Minors Act (UTMA) allows assets to be transferred to a custo - dian who manages them until the minor reaches the age of majority (typically 18 or 21, depending on the state, and up to 25 in some jurisdictions). While UTMA accounts are simple and cost-effective, they lack the long-term control and asset protection features of a trust. For larger gifts or more complex planning needs, irrevocable trusts are often preferred, as they can extend beyond the age of majority and provide greater flexibility in managing distributions and pro - tecting assets from creditors or imprudent spending. These planning tools are often integrated into broader estate and wealth transfer strategies to ensure con - tinuity of care, financial security and alignment with family objectives.
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