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How can I take a European business opportunity without jeopardizing my EB-5 visa?

I am 23 years-old and living in the United States with my family using EB-5. However, my family has recently been weighing a business opportunity in Lithuania. How can my family go about taking this Lithuanian business opportunity without putting our U.S. residency in jeopardy?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    U.S. permanent residency means you have the intent to permanently reside in the United States, which means you spend the majority of time in the United States. If you work or stay in another country, it is only for a short period of time and you are only visiting the other country. You should never be away from the United States for more than six months and you should establish binding ties to the United States.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Get a reentry permit.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Apply for a reentry permit, which will allow you to remain outside of the United States for up to two years (for temporary business abroad, for example) and still maintain your green card. Without a reentry permit, you should maintain your intention to permanently reside in the United States and not spend more than six months at a time outside of the United States.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    In order to keep your permanent residency, it is expected of you and your family to establish and maintain your residency in the United States. This means you should have a permanent place to live and spend about half of the year in the United States. However, many EB-5 investors are business people who cannot do so and have business interests that will force them to travel for a long periods of time. It is not clear if all of your family must relocate to Lithuania for this business opportunity, but perhaps you could have most of your family stay in the United States and the person who must do the business in Lithuania travel back and forth every six months or so. If you must stay out for more than a year continuously for business, you could apply for the reentry permit to stay out up to two years without unintentionally forfeiting your permanent residency. Please note that you must be in the United States in order to file the I-829, removal of condition application, and should not travel out before your passport is stamped for the extension of your green card for a year while that application is pending.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    LPR status in the United States implies that the United States is your permanent home. If you plan to travel outside the United States for longer than one year for business or other legitimate reasons, you may obtain a reentry permit to travel outside the United States for up to two years without abandoning your LPR status. However, this will break continuity of residence which is one of the requirements for U.S. citizenship. Please contact an experienced immigration attorney to discuss the specifics of your case.

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    John J Downey

    Immigration Attorney
    Answered on

    This is unclear. There is no need to jeopardize your EB- 5 status unless you intend to leave the United States for a substantial period.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    The proper steps depend on the length of your proposed stay overseas. You may need to file for re-entry permits for everyone. Talk to an attorney, as your permanent resident status is at stake.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Conditional and full permanent residency has physical presence requirements and others that fail to comply would result in a green card being abandoned or revoked.

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    Kyle Barella

    Immigration Attorney
    Answered on

    U.S. permanent residents must intend to make the United States their permanent home. If a permanent resident leaves the United States for an extended period of time it could be seen as abandonment of your permanent resident status. If you are planning on moving to Europe I would first consult with an immigration attorney to assess your status.

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    Anthony Korda

    Immigration Attorney
    Answered on

    As permanent residents you and your family are expected to make the United States your principal place of residence, This does not mean that the United States must be your sole place of residence, but you must ensure that any action taken is not inconsistent with the requirement. Similarly, you must ensure that you do not take any action that may result in the abandonment of your permanent resident status. In order to safeguard your status, you should seek the advice of a qualified immigration attorney who can advise as to the specifics of your case. You should also consider the tax implications of the foreign business profits.

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