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What is the difference between the issuance date of EB-5 visa and the residency starting date on the green card?

I am an EB-5 investor and my EB-5 visa was granted on 12/13/2017 by the U.S. consular post in my home country. Then I entered the U.S. and received my conditional green card with a “starting date” of 3/9/2018. What is the difference between these two dates? Does my conditional permanent residency start from the date of the issuance of the EB-5 visa or from the date printed on the conditional green card? When should we start filing I-829? Three months before the two-year anniversary of the issuance of our EB-5 visas or the two-year anniversary of the "Residence Since" date printed on the green card?

Answers

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    Your EB-5 visa vested on the date that you actually entered the U.S., so March 9, 2018, is the beginning of your conditional residency.

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    Charles Foster

    Immigration Attorney
    Answered on

    You are only deemed to be a Lawful Permanent Resident of the United States when you are admitted, so the key date is the date of your admission to the United States and everything runs from that date. The date you were issued your immigrant visa by the Consular Post is not the determining date. In theory, even though you were issued your immigrant visa, you may not have been admissible to the United States. Thus, you begin to accrue your 5 years to become a U.S. citizen based upon the date of admission as well as the requirement that you file a Petition to Remove Conditions on Form I-829 within 3 months before the 2nd year anniversary of the date of admission to the United States, which would be the date printed on your Permanent Resident Card or so-called "green card."

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    Your period of conditional permanent residency begins on 3/9/2018, the date that you were admitted to the United States.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your conditional permanent residence started on 3/9/2018 (as stated on the card). The 2 year conditional permanent residence period starts from that date and you will need to file to remove the condition based on that date.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    The date on the green card controls. You count the period to file I-829 based on the date printed on the green card.

  • Avatar

    Mitch Wexler

    Immigration Attorney
    Answered on

    Your conditional green card status start date is when you enter the US, March 9, 2018 in your case. Your 829 filing window is December 9- March 9, 2020. The immigrant visa you were issued by the US Consulate is valid for 6 months. Once you use it to enter the US, you green card clock starts to tick upon entry.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your lawful permanent resident status begins on the date you enter the United States, which was 03/09/2018. The issuance date (validity dates) of your immigrant visa are irrelevant, as long as you enter the United States as a permanent resident prior to the expiration of the immigrant visa, which typically is valid for six months. You must file your I-829 between 12/09/2019 and 03/09/2020, which should be the date your two-year green card expires.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    Your residency started on 3/9/2018 - which is the day you entered the US on your immigrant visa. This is the date that should be used for the purposes of I-829, not the visa issuance date.

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    Robert West

    Immigration Attorney
    Answered on

    Your residence started when you entered the USA. You can apply to remove conditions 21 months after initial entry.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The conditional green card status starts on the 3/9/2018, which is the start date of your card.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    The date on the conditional green card governs.

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