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What evidence is needed for my parents to keep their EB-5 green card status?

My parents are EB-5 green card holders, but are on an extended stay to wrap up business and for sudden health reasons will not be able to travel within the six month time frame. They will be returning back to the United States after six months, but within the year. What documentary evidence do we need to produce to ensure they can continue to keep the green card status?

Answers

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    Charles Foster

    Immigration Attorney
    Answered on

    In order for your parents to keep their lawful permanent residency acquired through the EB-5 program, they have some great flexibility once they enter the United States and acquire their residency. Typically, once their immigrant visas are issued, they have six months to be admitted as a green card holder. Once in the United States, they are free to travel in and out of the United States as lawful permanent residents, but if at all possible, they should not travel abroad and remain continuously out of the United States for any period longer than six months. If they think they need to be abroad for a long time period, while physically in the United States they should apply for a U.S. Reentry Permit on Form I-131. In terms of documentary evidence, it would be good for them to always carry with them the U.S. documents such as a driver''s license, U.S. credit cards, Social Security Card; something that shows their ties to the United States.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Evidence of the health issues as well as any evidence that their "home" is in the United States, such as evidence of a lease or ownership of a residential property, U.S. bank accounts, U.S. insurance (health, car, etc.), U.S. phone lines.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If they return within a year, they will not forfeit their green cards.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    File taxes in the United States, maintain a bank account and other evidence of ties to the United States for the extended stay; in the future, they should apply for a reentry permit first.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your parents will need to show this is their home and this is where they file tax returns. They should avoid being out more than six months. It would also be smart to file for a reentry permit before they leave, or return to file. Many green cards are being lifted from people who spend most of their time abroad. They need to have evidence that circumstances arose after they departed that caused them to be absent for an extended period of time.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Any extended absence from the United States greater than one year is an automatic presumption of abandonment of permanent residence in the United States. Shorter than that, there is a rebuttable presumption of abandonment - which means they may be questioned at the immigration/port of entry regarding permanent residence in the United States. They may be requested to provide proof/evidence of maintaining life/residence in the United States (i.e., filing U.S. tax, housing, job etc.). That said, six months abroad should be fine.

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