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What is a conditional green card?

What is a conditional green card? I have heard that EB-5 green cards are only conditional and not like other permanent green cards.

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    Lei Jiang

    Immigration Attorney
    Answered on

    It is conditional because an investor has to apply for the removal of the condition later on. The main requirements are that the investment stays in U.S. and creates at least 10 U.S. jobs.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    When an investor submits his/her I-526 EB-5 petition to USCIS, if it is approved, the investor is granted a two year conditional residency. At the end of that two year period, the investor will have to submit a request to remove the conditions through the filing of the I-829. With that filing the investor will need to verify that the funds were invested and maintained in the job creating business and that the business created the required jobs or will create the job in a reasonable time period, if the jobs are not created at that time what is a reasonable period is up for debate so when selecting the right investment opportunity the job creation factor should be at the top of your list for consideration. Once the I-829 is approved, then the conditions are removed and the investor is granted unconditional legal permanent residence in the U.S.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    Good afternoon, When an individual gets their permanent residence approved under the EB5 program, it is a conditional residency. Two years after you receive your residency, USCIS will remove the condition once you can prove your investment provided for ten jobs and you will continue with your green card. Hope it is clear. If you need any further clarification, we are available to assist.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    First, the I-526 petition must be approved by US CIS. Second, if the EB-5 investor is abroad, then he or she must apply for an immigrant visa at the appropriate US consular post abroad. With an approved immigrant visa, the EB-5 investor travels to the US and is admitted at the U.S. port of entry as a conditional permanent resident.

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    Darren Silver

    Immigration Attorney
    Answered on

    Permanent Residency Status that has a defined expiration date. If an application to remove the ''Conditional'' basis of this status is not approved, the green card will simply expire.

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    Michael A Harris

    Immigration Attorney
    Answered on

    Conditional Residence means that you are granted the green card for a two-year period of time. It is called ?conditional? because the government will not grant you a full ten-year green card until you have met the conditions by filing a petition with USCIS within 90 days of the 2 year expiration. The conditions, generally, are that you have maintained your investment, you can show that your investment has led (or within a reasonable time after two years will lead) to the creation of 10 or more jobs (or if a ?troubled business? that 10 jobs have been sustained), and that there have not been any material changes to your business plan since your initial I-526 application was approved.

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    Ed Beshara

    Immigration Attorney
    Answered on

    In an EB-5 investment, the US immigration rules state that upon the approval of the I-526 petition the investor and family members can then apply for conditional permanent residency for a period of two years.The basis for the conditions is that the USCIS EB-5 unit in two years when the investor files a petition I-829 to remove the conditions, has to prove the investment funds were committed and the required jobs were created.

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    James Stuber

    Immigration Attorney
    Answered on

    The green card is ''conditional'' until the filing (two years later) and approval of a ''petition to remove condition'' on Form I-829 demonstrating that the investment remained invested for the entire time and the projected ten jobs were indeed created. Upon approval of the petition, the condition is removed and an unconditional green card is granted; thereafter the investor?s investment may be returned under the terms of the investment.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    A conditional green card is not permanent and is based upon the holder providing proof to USCIS that he/she has met certain conditions.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A conditional green card is the same as any other green card except that it expires in two years. Before the expiration date (any time within three months of that date), the investor must file a petition to remove the condition (Form I-829) showing substantial compliance with the investment requirement and that the jobs have been created or will be created within a reasonable time.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The conditional green card that an EB-5 investor receives after a successful I-526 petition is a temporary green card. After 2 years the investor may apply to make it permanent by filing the I-829 petition. All other aspects of the green card are the same as a permanent one.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    They are conditional for 2 years. The purpose is to show that the money still is invested and the jobs were created. If so, the conditions will removed and a permanent residency will be issued.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    This is the greencard you get after filing the ?I-526. This is provisional greencard for a period of two years, once it is shown that you have created the requisite jobs, you can apply for a permanent greencard.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    An EB-5 investor receives a 2-year green card upon approval of his or her I-526 petition. Once the condition is removed after approval of the second step, which is I-829 petition, an EB-5 investor receives a permanent green card. An EB-5 investor is eligible to apply for US citizenship 4 years and 9 months after the grant of the resident status in the US.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    A conditional residency is a residency that you obtain for two years and 90 days before the expiration of the residency you need to file an application to remove the condition. In the case of an EB-5, you have to demonstrate that in the two year period of residency your investment created 10 full time jobs in order for USCIS to remove the condition and make it permanent. If you have any additional questions, please do not hesitate to contact me. Thank you.

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    Daqin Zhang

    Immigration Attorney
    Answered on

    Condition green card is valid only for two years. You must meet certain conditions (including investment at risk and job creation) before you can turn it into a permanent green card. For more information about EB5, please visit our website. If you are in the Los Angeles area, we can schedule a meeting to discuss your immigration plan.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Successful EB-5 visa Applicants receive permanent residence. There is no difference between an EB-5 permanent resident and other permanent residents in terms of the rights and privileges. However, the EB-5 permanent resident card is initially valid for two years. At the end of the two year period, the investor must apply to remove conditions. This essentially means that the investor applies to renew the permanent resident cards for him/herself and derivative family members. To do so, a second petition is filed and if the investor can show that the investment was made, that the investment was sustained, that the project was carried out in accordance with the filed business plan and that any required direct jobs were created, the "conditions" will be lifted and the permanent resident cards will be renewed for 10 years. Once the second petition is filed, the period of permanent residence is extended while the petition is processed. Further renewals are also permitted subject to certain conditions.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. As an immigrant investor, you will first receive a conditional, 2-year card. 90 days before its expiration, you will have to file a Petition to Remove Conditions on your residence. Please don''t hesitate to contact us for more information.

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    Elizabeth Krukova

    Immigration Attorney
    Answered on

    Conditional green card is a temporary, 2-year green card, which would be exchanged for a permanent one if all the conditions of your investment are met.

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    Monika Sud-Devaraj

    Immigration Attorney
    Answered on

    The green card is conditional for two years. 90 days before the second anniversary, you would need to file some additional paperwork to remove the conditions. You would need to show that you didn''t withdraw the funds.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    EB-5 Immigrant Investors are initially approved for a 2 year conditional permanent resident period. During this period the investors have full benefit and status of any lawful permanent residents; however the investors must file to remove the condition (as early as 90 days prior to reaching the 2 year period of conditional permanent resident period, and before the expiration of the 2 year period) by fully documenting that the invested business/project is a viable/legitimate one having put into action the plans of hire and revenue. Once this is demonstrated, the condition is removed and the investors are granted an unconditional lawful permanent resident status.

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    Ali Brodie

    Immigration Attorney
    Answered on

    The initial green card granted to an EB-5 investor is a Conditional Green Card meaning it is only valid for 2 years. Once you have your conditional permanent residency, you must timely file to remove conditions so that you may obtain a ?regular? green card which is valid for a period of 10 years.

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    Denyse Sabagh

    Immigration Attorney
    Answered on

    It is conditional for 2 years. At the end of the 2 year period, an application must be filed to remove the condition and prove that the 10 jobs were created.

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    Christian Schmidt

    Immigration Attorney
    Answered on

    You will be issued a green card valid for 2 years upon placing your investment and USCIS approving it as a qualifying investment. Towards the end of the 2-year period you will have to demonstrate that the investment created the required number of jobs in order to be granted unconditional (permanent) residence. You will lose your resident status if you fail to demonstrate that you made the full investment and that is created directly/indirectly new jobs for at least 10 US workers.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You were told only a partial information. EB-5 program gives two separate green cards ? temporary, conditional based on I-526 petition and then 2 year later the permanent one based on Removal of condition application, I-829. The reason that you may have heard that EB-5 only gives conditional is that while thousands of people may have applied and was given conditional green card based on I-526, not that many people received I-829 approvals yet. This is largely due to the fact that you could only apply for I-829 after 1 year and 9 months after you enter U.S. with the conditional green card and USCIS takes 8-12 months adjudicating I-829 application. Another factor for so few I-829 approvals is due to the fact that many Regional Center could not provide sufficient evidence that their projects actually created the number of jobs that EB-5 program requires to create.

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    Susan Pilcher

    Immigration Attorney
    Answered on

    A conditional green card is initially valid for 2 years, at which time it can become permanent if you satisfy the condition of demonstrating that your investment has created 10 new, qualifying jobs.

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    Jennifer Parser

    Immigration Attorney
    Answered on

    The green card is ''conditional'' for two years for the USCIS to ensure that the investment is still being made and the 10 jobs per investor are still being created. The investor must file an application to remove conditionality on the second anniversary of the conditional green card being granted, and if the USCIS satisfied, the conditionality is removed and the green card becomes permanent.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    Conditional green cards are green cards that expire after 2 years instead of 10 and there are conditions placed on them. Like the EB-5 program, the immigration service will give you a green card but in order to make sure you will comply with the conditions (mainly make the required investment and create the 10 full time jobs) they give you the status on a conditional basis. Within the 2 years you would have to file to remove the conditions and if successful your green card will no longer have restrictions.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    The initial card is conditional, which expires in 2 years. USCIS wants a second filing to show the invest still exists and that the jobs were created. Then the card becomes permanent.

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