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What will happen to my U.S. property if I give up my EB-5 green card?

I already received my EB-5 green card. If I decide to give it up, what happens? Am I required to leave the United States immediately? What will happen to my house in Nevada? Would I still own it?

Answers

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Your ownership of real property in the United States should not be affected by your giving up your green card. You still own the property. If you give up your green card, you may be required to leave the United States and obtain a valid nonimmigrant visa, such as a visitor's visa, to temporarily visit the United States.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You would probably have to leave the United States immediately, yes. Property ownership may not change, as many non-U.S. residents own homes in the United States. If you are still paying a mortgage, that may be a separate matter to be discussed with a real estate attorney.

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    John J Downey

    Immigration Attorney
    Answered on

    If you give up your status, then you will be required to leave. Usually you are given some time to wind up your affairs before you depart. The ownership of your property is not affected. You are still the owner.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    A immigrant visa holder can give up his or her give up its immigrant status anytime. However, if it happens, the immigrant must either leave the United States or change to any other visa that will permit him to stay in the United States. The decision to give up the immigrant status should not negatively change the status of the real estate property, particularly the ownership. Certainly, you can still own your house and do whatever you want with it, including but not limited to, leasing and selling. However, to ensure compliance with the real estate laws of your jurisdiction, it is advisable that you should consult an attorney to further address your issues.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    These two issues are not connected you can sell or keep your property. Before surrendering, consult tax counsel.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    By "giving up" your green card, I am assuming you mean relinquishing your permanent resident status in the United States. By that act, you are giving up your right to live in the United States as a permanent resident, but by no means are you required to relinquish your business or personal property ownership. Unless you have an alternate visa or immigration status under which you are allowed to remain in the United States, upon relinquishing your permanent residence, you are no longer in valid status in the United States, so you must depart the United States in a reasonable time, but your ownership rights to property stay intact.

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    Stephen Bander

    Immigration Attorney
    Answered on

    According to the CBP Inspector's Field Manual at Ch. 17.10(b), if you execute a Form I-407, Record of Abandonment of Lawful Permanent Resident Status, within the United States to CBP (presumably at a CBP Deferred Inspection Site), CBP will then grant you a suitable period of time to effect voluntary departure. If you abandon your green card, your house in Nevada remains your personal property and you still own it. Your relinquishment of your green card, however, could trigger the Expatriation Tax. (Considering that you made an EB-5 investment, you likely are a high net worth person subject to the Expatriation Tax.) If you are covered by the Expatriation Tax, for tax purposes, you are considered to have sold your Nevada house as of the date of abandonment and required to pay taxes on the house's appreciation even though the house was not actually sold and remains your property. Since you have gone through the EB-5 process of obtaining a green card, including having a removal of conditions petition approved, you are likely close to being eligible for U.S. naturalization. You should consider becoming a U.S. citizen if your desire is to move outside the United States indefinitely. If you are a U.S. citizen living abroad, you cannot trigger the Expatriation Tax since it is something that cannot be lost by abandonment.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Your immigration status will not impact your property ownership.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    You can still hold property. You technically do not have to give up the status until the conditional period expires and you are unable to remove the conditions. If you already have the 10 year green card (conditions already removed), then you would be able to remain here.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you leave the United States and do not sell your property, it would end up in a tax sale and sold, the proceeds going to the state.

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