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What can we do during EB-5 conditional residence?

We want to know more about the EB-5 visa process. What is "conditional residence"? Why is it conditional? What are my family and I supposed to do during this residence?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You have all the rights of a permanent resident and can live and work or establish a business anywhere in the United States - except you have to remove conditions on your conditional two-year green cards by filing an I-829 petition. An EB-5 investor and family members (spouse and unmarried children under age 21) receive a two-year green card upon approval of the investor's I-526 petition. Once the condition is removed after approval of the I-829 petition, an EB-5 investor and family receive permanent green cards. An EB-5 investor and family are eligible to apply for U.S. citizenship four years and nine months after the granting of the resident status in the United States.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    During the conditional permanent residence, you and your family can live, work, study, etc. in the United States. You have all the prerogatives of any permanent resident. Also, during this time you have to make sure your investment creates 10 full-time jobs for qualifying U.S. workers. This creates the "conditional" part; if you do not create the 10 full-time jobs, your conditional permanent residence will be terminated.

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    Charles Foster

    Immigration Attorney
    Answered on

    During your EB-5 conditional resident status you can do anything that a permanent resident can; you are free to travel in and out of the United States, and to work for anyone. You have commenced your five year period to become a U.S. citizen. It is conditional like a promise; the promise is that within 18-24 months you will file a petition to remove conditional status on Form I-829 to show that the investment was made and jobs created as promised. But during that period of time, you can do anything you want to that is lawful within the United States.

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    John J Downey

    Immigration Attorney
    Answered on

    The conditional residence provides you with all the rights of a green card holder. Once the conditions are removed, then you continue on as a permanent resident and after another three years in that status you may apply for citizenship. During the period of conditional residence USCIS would expect that you reside in the United States. However, there might be circumstances where you need to return to your home country, e.g. continuance of education, etc.

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    Jack C Sung

    Immigration Attorney
    Answered on

    Conditional residence means that the green card comes with conditions. The most important condition is that the regional center (or your own direct EB-5 investment venture) survives the first two years and create jobs as required by U.S. immigration regulations. As for you and your family, you only have to enjoy your time in the United States and keep an eye out for the development of the regional center (or your own business if it is a direct investment) and make sure that the requisite jobs are created so that you can turn the temporary green card into a permanent green card.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The conditional residence is the period when you are given a temporary (conditional) green card. It lasts for two years, upon which you can apply to remove the conditions and by applying for the permanent green card, which last for 10 years. You and your family members can engage in various activities such as going to school, applying and getting jobs, buying a house(s), doing business, taking professional exams and obtaining professional licenses, just to name a few.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Conditional residence is exactly the same as a full green card; however, after 21 months, you must file to remove the conditions and show the money is still invested and the jobs were created.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    There is really no difference between a conditional green card and a permanent green card except the conditional requires certain criteria to be met before it can be renewed or made "permanent." The only conditions you must face are that your funds remained invested and that the regional center/new commercial enterprise created the required employment.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Conditional residence status is still the permanent residence status. This allows you to live and work anywhere in the United States without any restrictions for the two year period. The residency is conditional because the EB-5 program allows you a two year period to show that your investment has created the requisite number of jobs before removing the condition.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your conditional residence is basically permanent residence in all ways as any other permanent resident. All you have to worry about is filing the I-829 at the end of the two year conditional period to show your investment was sustained and that the jobs were created.

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