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How long can we wait to fully immigrate the United States after getting our green cards?

Currently, we are waiting to receive our interview date from the NVC. If everything goes smoothly in the interview and we get our EB-5 visa, how long do we have to stay in the United States during our first visit? I cannot be away from my current job in my home country and my kids must continue their schooling. At most, we can get three to four weeks off from work and school to visit the U.S. Would it be OK to visit the U.S.to make our entry and then return to our home country to continue our job/school? Can make another visit within 6 months and then finally settle in the United States a year later? Please advise.

Answers

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    Answered on

    Your EB-5 visa will have a short validity period for you to make your first entry. Once you arrive and then receive a green card, you can travel internationally. If you spend more than 6 months out of the U.S. continuously, you may be considered to have abandoned your permanent residency. Consult with an immigration attorney who can review your options.

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    Answered on

    After you receive your residency, you can enter the U.S. and spend short periods of time in the U.S. If you leave the U.S., you should not spend more than six months away from the U.S. Otherwise, when you arrive back, the USCBP may make the presumption that you have abandoned your residency.

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    Answered on

    Immigrant visas are valid for 6 months and medical exams are valid for 6 months. You must enter within this time frame. Then, if you intend to stay outside the U.S. for prolonged periods of time and only visit for short periods of time, you should apply for reentry permits to allow you to stay outside the U.S. up to the period of your conditional permanent residency. You must maintain ties to the U.S. while being abroad in order to not to be considered having abandoned your permanent residence. Ways to do this include having a home here, filing taxes, having other assets, etc.

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    Answered on

    Once you have been issued your immigrant visa through the appropriate American Consulate abroad and you are admitted to the United States as Permanent Residents, you will have evidence of your Lawful Permanent Residency and your Permanent Resident Card will be mailed to your U.S. address. Once you are admitted to the U.S., you have the right to travel and visit abroad and, therefore, you could return to a temporary job abroad so the children can finish their schooling. Under those circumstances, you should try to return to the U.S. as often as possible and it would be very advisable to not remain outside of the U.S. for any period longer than 6 months. If you settle in the U.S. a year later, under those circumstances, there should not be any serious problems. Remember, when you are re-entering the U.S., you are not coming back to the U.S. to visit but coming back to your country of permanent residence and you have been abroad temporarily working or studying (in the case of your children).

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    Answered on

    Thank you for your question. Once you are granted lawful permanent resident status, you would have to relocate to the United States. You cannot stay out of the country for extended periods of time, or your status may be deemed abandoned. It is important that you reach out to experienced immigration counsel when making such decisions to ensure that any stays will not be so extended so as to cause your status to be deemed abandoned.

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    Answered on

    There is no requirement for how long you must stay in the United States during your first visit. However, keep in mind that a green card (even a conditional green card) is for a person who intends to permanently reside in the U.S. If you are absent from the U.S. for more than 180 days for any reason, the U.S. government may presume that you have abandoned your intention to permanently reside in the States. If you need to spend more than 180 days outside of the U.S. due to wrapping up your job or schooling for your children, you should apply for a reentry permit, which can be valid for reentry to the U.S. for a two-year period. Keep in mind that, if you are a conditional resident, the reentry permit will expire on the day your conditional green card expires. It is better not to be outside of the U.S. for more than six months and to carry evidence of your U.S. residence with you.

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    Answered on

    You must enter the United States by the end date on the immigrant visa. Once in the States, you do not have to remain long but I recommend getting your social security numbers. Then, if your family members need to return to your home country for as long as a year, you should each apply for a Reentry Permit while on U.S. soil and remain to be fingerprinted. Then, you can stay away for up to two years.

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    Answered on

    You generally have 6 months from the date of the final interview to enter. You can delay the final interview. Also, if not ready to immigrate, it would be advisable to file for reentry permits that allow you to be out of the United States for two years.

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    Answered on

    Your current and future plans are understood but you should enter the United States for permanent settlement as soon as possible. This is because as an EB-5 immigrant you are supposed to be eventually residing in the country particularly to avoid other immigration problems such as the issue of abandonment, inability to meet the residency requirement, etc. Consult an attorney for options.

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    Answered on

    You have up to 6 months to enter with your Immigrant Visa you received from the Embassy. There is nothing wrong with staying a few weeks and going back to your country to finish work, school, etc. The problem will be in establishing your permanent residence, i.e., getting an apartment, enrolling your kids in a United States school and other things a green card holder must do. Many businessmen will leave the spouse and the children in their home country to establish a residence while they travel back and forth every few months. If this is not possible, you could, for example, delay the IV process until your kids are done with school and enter to start the new schools. Another thing is the timing of getting your green cards - actual cards, not your Immigrant visa page in your passport. These days, the USCIS is taking approximately 120 days to produce and send the cards after you enter. If you do not have a reliable address and person who could receive the cards, your travels will be dramatically restricted later with additional steps or interviews you may have to go through. All these issues are dependent on your particular situation and you should discuss with your lawyer to develop a proper strategy for you.

  • Avatar
    Answered on

    If a lawful permanent resident of the United States is absent from the U.S. for more than six months (and less than 1 year) raises rebuttal presumption that the individual intends to abandon permanent resident status. Absences of more than one year is a presumption of abandonment of permanent residence in the U.S. unless the person files and has been issued a valid reentry document.

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