+1-800-997-1228
Questions & Answers

Do I have to maintain U.S. residence to get an EB-5 visa?

Do I have to live in USA at least 6 months each year in order to maintain the validity of the conditional or permanent green card through an EB-5 regional center investment?

Answers

  • Avatar

    Angeline Chen

    Immigration Attorney
    Answered on

    You should not leave the US for more than 6 months at a time and every time you re-enter the US, you have to prove that you are living in the US. Showing that you own a house, are employed and family living in the US help with that.

  • Avatar

    Randall L Sidlosca

    Immigration Attorney
    Answered on

    You need to first acquire U.S. permanent residence and then you can maintain it. In order to maintain it you cannot be absent from the U.S more than 180 days on one trip abroad.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    When you get a green card, you are stating that you intend to reside in the U.S. Therefore, you should be prepared to live and work in the U.S. most of the time. However, for some this may not be feasible. If you have to be out of the U.S. for business purposes, make sure that you come back to the U.S. every 6 months for a little while or obtain an a reentry permit if you decides to stay out more than a year.

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    In order to maintain permanent resident status, you must make the US your principal place of residence. It does not have to be your sole place of residence, but your residence must demonstrate a degree of permanence. USCIS and CBP would expect permanent residents to have their primary place of residence in the US, file tax returns, live in the US with their families and to educate their children in US Schools. However, these are merely examples and there are no fixed rules, nor is there a fixed period. The longer the period of residence each year, the more likely that residence will not be questioned. Six months or more is helpful, but not a requirement. Similarly, the shorter the period spent, the more likely the individual?s status will be questioned. Longer absences may require a travel document to maintain status.

  • Avatar

    Neville M Leslie

    Immigration Attorney
    Answered on

    To maintain a green card, you have to remain in the US for six months and a day.

  • Avatar

    Rana Jazayerli

    Immigration Attorney
    Answered on

    Thank you for your email. Detailed information about your question can be found at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60a

  • Avatar

    Boyd Campbell

    Immigration Attorney
    Answered on

    No. You must enter the United States within six months after receiving an EB-5 visa, but thereafter you may visit the States once a year.

  • Avatar

    Anthony Ravani

    Immigration Attorney
    Answered on

    Your question has nothing to do with EB-5. The residency requirements are for Permanent Residents, regardless of how they obtained their Permanent Residency.

  • Avatar

    Larry J Behar, Esq

    Immigration Attorney
    Answered on

    US residency is designed precisely for those whose primary residence will be the US. The EB 5 platform is a vehicle toward that goal. It should not be construed as a ''security'' blanket for those seeking a quick way out in the event of discord in the home country. Further, there are numerous tax implications associated with US residency which require professional guidance.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    Obtaining conditional permanent residency requires the US Permanent resident to consider the US as there permanent home, and if they leave the US they will be only visiting there home country.The intent is to live permanently in the US, and only leave the US for a temporary period of time. Please note, if the US permanent is out of the US for more than 6 months then upon return to the US , the USCBP may request secondary inspection and determine if US permanent residency has been abandoned. The EB-5 Investor may have to present a US drivers license, US bank account, and other items to prove US permanent residency.

  • Avatar

    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your question. You don''t necessarily have to stay here for 6 months every year. You do have to maintain a residence here in order to keep your permanent resident status, but there are ways to keep your green card without physically being here half of the time. I am happy to discuss the details with you, if you''d like.

  • Avatar

    Marisa Casablanca

    Immigration Attorney
    Answered on

    I applaud your effort in looking ahead for after you get the green card. Under the Conditional or Non Conditional Permanent status, you must reside in the United States. Residing is a broad term. Just being the U. S. for 6 months at a time does not demonstrate residence. Other factors are where your children go to school, where you work, etc. If you are out of the US for more than 6 months each year, that will trigger the Customs and Border Protection at the Port of Entry to look into where you are really residing. This is a bit complicated to explain by email. I hope I have made myself clear. If you wish you may always contact us for a phone consult.

  • Avatar

    Taher Kameli

    Immigration Attorney
    Answered on

    No You cannot be absent from the US for more than 180 days.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    The EB-5 Immigrant Investor Program is one option for foreign nationals to obtain U.S. permanent residence status. U.S. permanent residence status is intended for people who desire to live in the United States on an ongoing basis and who desire to make the U.S. their primary place of abode.

  • Avatar

    Reza Rahbaran

    Immigration Attorney
    Answered on

    You may forfeit your residency if you do not maintain at least 6 months in the USA, post green card issuance. In limited circumstances you may apply for parole, allowing you to extend your absence for up to 2 years. For further information contact us at Rahbaran & Associates.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.