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How many days must an EB-5 investor spend in the United States?

I currently live in India. In order for me not to jeopardize my EB-5 conditional green card, how many days do I need to spend in the United States?

Answers

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    Yazen Abdin

    Immigration Attorney
    Answered on

    This depends on many factors, but the general rule is that a green card holder (i.e. permanent resident) should spend no more than 180 days continuously out of the United States.

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    If you want to be a U.S. citizen in the future, you have to stay in the United States for at least half the time in total before you apply for the citizenship. If you do not want to be a U.S. citizen, you had better come to the United States for two times each year and stay at least two weeks in the United States. It is a judgment based on many factors; for example, if you have houses, driver licenses, kids in the United States.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Generally, 180 days a year or more should be spent in the United States, and no more than 180 days continuously out of the United States.

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    Barbara Suri

    Immigration Attorney
    Answered on

    At a minimum, you will be required to reside more days in the United States than you do overseas. You are not allowed to use your permanent resident status for visiting purposes. Otherwise, this status may be taken from you. If you absolutely have things that you need to complete before settling permanently in the United States, you may request a reentry permit.

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    John J Downey

    Immigration Attorney
    Answered on

    They would like you to be here most of the time, but if you can show that your business interests require you to spend time in India, then you should not have too much trouble. I would have your U.S. attorney draft a letter describing your need to spend time in India as well as the United States, and carry the letter with you each time you arrive at the port of entry to the United States.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is a complex question. The more important issue is where do you live and why have you been out. You should generally not be out for more than 5 1/2 months, although absences are evaluated cumulatively over time. It appears you should file reentry permits if you are spending excessive periods abroad.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Well, if it is your business, one would think that you would remain in the United States and manage it. Otherwise, according to USCIS: Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver's license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence. If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit's validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. If you remain outside of the United States for more than two years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. government stationed abroad on official orders.

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    James Yang

    Immigration Attorney
    Answered on

    There is no set number of days that a permanent resident must stay in the United States to maintain status. However, in general, permanent residents should try to stay in the United States for as often as possible and not leave the United States for longer than six months at a time absent reentry permit or compelling reason.

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