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How can I reapply for EB-5 if I already received permanent residency?

I have a permanent U.S. green card (earned from EB-5), but I have been living outside of the United States since December 2009. Am I still considered a U.S. permanent resident? If not, would I be eligible to immediately reapply for permanent residency through the EB-5 program? Would my previous EB-5 application disqualify me?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    If the facts clearly show you have abandoned your permanent residency, then probably you will not be able to be considered a U.S. permanent resident. There are no EB-5 regulations or policies for recapturing your permanent residency.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may be considered to have abandoned your residency, and a new application may be affected by these actions. Consult an immigration attorney for assistance and relocation planning.

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    John J Downey

    Immigration Attorney
    Answered on

    You would not be disqualified, but would be questioned at some time as to why you remained outside the country. I am not sure if you have officially lost your status. You may wish to inquire at the U.S. consulate in your country.

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    Ian E Scott

    Immigration Attorney
    Answered on

    Given the time that you were outside of the United States, you would have likely abandoned your green card. This will not impact future green cards and you are free to apply for the EB-5 program again.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You would not be disqualified, but you would need to apply from scratch. You will be given the same A# you had before.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you have not entered the United States since 2009, you likely have abandoned your U.S. lawful permanent resident status. You probably will not be able to keep your green card and you would have to reapply for permanent residency. Your previous EB-5 case does not disqualify you from reapplying, but it is not clear if you could apply for EB-5 again using the same investment and job creation. You should consult with an experienced immigration attorney who can advise you on your options.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you have been living outside of the United States due to work or some other reasons and you have not received the reentry permit before leaving, then your permanent residence would have been deemed abandoned. If you had some extraordinary circumstances which prevented you from entering the United States at least once a year, then you may be able to try to revive the former residency. If not and you have the funds and prove your source of funds for additional EB-5 investment, then you may apply again, but you will have to explain why you had to abandon the previous residency.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    With very few exceptions, permanent resident status (green card) expires as a matter of law if a person is absent from the United States for more than one year without permission to return to a permanent U.S. residence. Unless you would fall under one of the exceptions, you are no longer a U.S. lawful permanent resident. I would argue that you are eligible to apply again.

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    Dawei Gongsun

    Immigration Attorney
    Answered on

    You should try to test the validity of your green card by using it to re-enter the United States. If your green card is in fact forfeited because of your non-residency, you should be able to re-apply through EB-5 - but at time of the visa interview I presume you will be inquired as to why you did not reside in the United States using the previous granted green card.

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    Parisa Karaahmet

    Immigration Attorney
    Answered on

    If you have not entered the United States since 2009, than you would likely be viewed as abandoning your residency as a matter of law. You can, however, reapply for permanent residence status using the EB-5 program; however, we recommend that you execute a Form I-407 to "formally" relinquish your card (note you should consult with a tax advisor before doing so).

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Unfortunately your green card was automatically cancelled if you have not been in the United States for more than a year. You can apply now for EB-5.

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