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How long does an EB-5 investor have to stay in the U.S?

If an investor has EB-5 visa and conditional green card, does he/she need to stay in the US for a minimum number of days in the first 2 years in order to gain a permanent green card? How about his/her dependents?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Both the petitioner and dependents must be cautious when spending too much time outside the United States while under legal resident status, whether it be conditional or permanent. USCIS requires a continuous physical presence in the United States. It is recommended to not spend more than six months out of the country within a calendar year. If you need to remain abroad for longer than six months, then you should apply for re-entry permit prior to departure. This will allow you to re-enter the United States and avoid abandonment issues.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    When you get a green card, you are affirming that you wish to permanently reside in the U.S. Thus, it is advisable to stay in the U.S. as long as and for as many days as you are able. However, many people may need to spend most of the time back in their home country for business purposes. In this situation, you must obtain a re-entry permit before you leave U.S. and then you could stay out as long as you need to without having deemed to have given up your green card.. Your dependents, however, are encouraged to live and work or go to school if at all possible instead of leaving and staying out with you. For further details and nuances of how to stay compliant to keep your green card, please consult your attorney so that she/he could walk you through the process carefully.

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    Rachel Lew

    Immigration Attorney
    Answered on

    If you and your dependents are granted the EB-5 visas to enter the U.S., you will receive your conditional green cards after entry to the U.S.. Because U.S. green cards attach with the intention of permanent residence in the U.S., you and your dependents should reside in U.s. at least six months in a calendar year even after you have received your permanent green cards. Any physical absences from the U.S. for more than six months at a time will require an application of travel documents from the USCIS.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The answer to your question is "no." There is no requirement that a conditional green card holder spend a minimum number of days in the U.S. during the first two years in order to gain a permanent green card. The condition removal has to do with sustaining your investment and creating the required number of jobs. As for residence/physical presence in the United States, a green card holder must maintain the intention to permanently reside here; such intention is not based upon the number of days a person is in the United States. It is a good idea to confirm your intention to reside in the U.S. by not being absent from the U.S. for more than 180 days, among other things, such as maintaining a U.S. permanent residence (home), job, assets, driver''s license, and other indication of your intention to be a U.S. permanent resident.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    Conditional green card or a "permanent" green card both require the foreign national to maintain "continuous physical presence" in the United States. You can live in the U.S and travel in and out of the country, but be advised that if you live outside the U.S. for a continuous period of 6 months to one year, USCIS may compel you to prove that you have NOT abandoned status. Any absence from the U.S. for more than one year continuously could lead to you automatically losing the green card - either conditional or permanent.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The conditions of permanent residence (whether you are in conditional permanent resident status or after the condition has been removed) are that you fully intend to reside in the U.S. and make U.S. your permanent residence. This means, you must be physically present and maintaining residence in the U.S., unless you notify U.S. of intent and need to travel/live/work abroad at lengths (via a filing of a Travel/Re-entry Permit). The rule of thumb is if you are absent from the U.S. for greater than 12 months consecutively, there is a rebuttable presumption of abandonment of U.S. permanent residence, unless you have filed a re-entry permit. Same for the dependents who are maintaining the same status in the U.S.

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    Neville M Leslie

    Immigration Attorney
    Answered on

    A minimum of half the year.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Like all permanent residents, the conditional resident may not depart for over six months.

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