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How do I establish residency after receiving my green card?

After receiving my green card from my EB-5 investment, what must I do to establish residency so I don''t lose my green card? Do I have to buy or rent a home? What other actions can I take to show that I intend to stay in the United States?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    You should take proactive steps to show intent to reside in the United States. Examples are: house rental, utility bills, bank accounts and statements, and children enrolled in U.S. schools.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    In order to prove residency, you need to reside in the United States. You need to demonstrate that you have a home, bank accounts, that you pay your taxes, if you have children that they go to school here,etc. Also, you need to make sure that you do not spend more that 180 continuous days out of the United States.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    There is no requirement that you buy a house in the United States to establish residency. You have to take proactive steps to show that you intend to make the United States your home - open bank accounts, utilities, credit cards, leases, kids in school will all be beneficial.

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    Ying Lu

    Immigration Attorney
    Answered on

    After getting the green card, the United States should become your main place of residency. Do not stay outside of the United States for more than a year without applying for the re-entry permit. You should consider buying/renting a house, opening a new business here, letting your accompanying family members live in the United States and paying U.S. taxes. Anything that shows your connection with the United States will be helpful.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You need to enter the United States before the immigrant visa expires. I recommend obtaining a residence address of some type, pay taxes on your worldwide income, get a driver''s license or state ID, open a bank account, etc. If you intend to be gone more than 6 months, always apply for a reentry permit before you leave the United States.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    If you live in the United States, you really do not need to do anything special. If you are planning to only come and go, then you would have to establish residency by many different means including: having a physical residence (rented or purchased), state ID where you live, pay state tax in the state where you live, have bank accounts in that state, car insurance, library card, mail sent to this address regularly, subscriptions to magazines, etc.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Residency implies that you live here the majority of time. It is not necessary to purchase a residence, but you clearly should have a residence.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    In order to qualify for lawful permanent residence, you must maintain the intention to permanently reside in the United States. There are no legal or regulatory requirements for owning a home, having a job, spending a certain amount of time in the United States, in order to maintain your green card. There are, however, practical things you can do to ensure that a Customs and Border Protection (CBP) officer at the port of entry does not get the wrong idea about your intent. All of the things you carry in your wallet or purse, all of the items in your possession, should indicate that you are coming home to the United States after a temporary visit abroad. Certainly, owning U.S. property, having a job here, a bank account here, a driver''s license with a U.S. address, all are good indications that you permanently reside here. Also, if you have spent more than six months at a time outside of the U.S., be prepared to answer questions about your resident intent and your green card status. If you plan on being gone from the U.S. for more than one year, you should apply for and obtain a reentry permit in the U.S., which document allows you to be gone for up to two years and still maintain your green card. If you have specific legal questions about your green card, you should consult an experienced immigration attorney on the matter.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Once the conditional permanent residency is obtained it has to be your intent to be a permanent resident and spend the majority of your time living and working in the U.S. If you return to your original home you are only visiting for a short period and not being away from the U.S. for more than 6 months. To show proof of of your residency you can buy a house, set up a bank account, buy a car, have a drivers license, being a member of different organizations, your children enrolled in local schools, etc.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Besides being a resident, you will also have to pay U.S. taxes. You or your children attending school, or employment in the U.S. will also show your intention to remain in the U.S. Limiting your visits to your home country (or any trips outside of the U.S.) is an important factor to consider as well.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    To establish residency and avoid abandoning your status you need to make the U.S. your primary residence. In general having your residence (either rented or owned), bank accounts, work, filing taxes, etc. will all be factors that will be helpful in verifying your residence. As a permanent resident you will need to be mindful of time spent outside of the U.S. and should consult your immigration counsel prior to long absences from the U.S.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Evidence of residence in the U.S. can include paying taxes, physical presence in the U.S., ownership of residence or Rental agreement showing that as your primary place of residence. Verification of employment in the U.S. is another form of evidence that can be included.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    As a lawful permanent resident or "green card" holder, you are required to maintain residence in the United States - most often this can be accomplished in a variety of ways. As a LPR, you have the right to live and work in the United States indefinitely; therefore, you should be able to gather all such documents that any other resident of the United States would have i.e. 1. Purchase a home or rent - There in no legal requirement to do one over the other, but a rental lease agreement or mortgage/purchase documents for home will help 2. Pay U.S. income tax every year; 3. maintain bank accounts; car insurance; health insurance etc. in the United States 4. Live in the United States for a majority of the term. Keep in mind that if you leave the United States for more than a six month period continuously, USCIS can compel you to prove ties to the United States before allowing you to enter. If you leave the United States for one year or more continuously, you may automatically lose your status. If you need to leave the United States for an indefinite period of time, it is best to first apply for a re-entry permit before departure so your "green card" is secure, even if you are not able to re-enter the United States on time.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You establish residency by living in the United States and showing that you intend to make the United States your home. This will be done by either renting or buying a place to live, either establishing a business or getting a job and sending your children to school, etc. Everything you have done in your country to live, you should start doing it in the United States. If you have to travel a lot for business, make sure you come back home to the United States every six months.

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    Rachel Lew

    Immigration Attorney
    Answered on

    It depends on whether you file for direct EB-5 immigration benefits or through a regional center. In the direct EB-5 investment scenario, you have to reside near the new commercial enterprise that you have established as you need to actively manage the business in order to satisfy one of the EB-5 requirements. In the case of regional center investment, you can reside anywhere in the United States. However, you may be found to have abandoned your permanent resident status by USCIS if you: a. Move to another country intending to live there permanently b. Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year c.. Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year; d. Fail to file income tax returns while living outside of the United States for any period; or e. Declare yourself a nonimmigrant on your tax returns

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    Tammy Fox-Isicoff

    Immigration Attorney
    Answered on

    You should live here and not depart for more than 6 months at any given time. You should have ties here.

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