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What is the minimum stay requirement after a green card is issued?

I have my own business and travel frequently all around the world. At times I am in another country for three or four weeks at a time. I want to participate in the EB-5 program and relocate to the United States. However, I have one concern. After the I-526 is approved and my family and I receive our conditional green cards, is there a minimum stay requirement in the U.S.? Will I still be able to travel abroad frequently for business purposes.

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes you can still travel frequently with no problem. USCIS will look at the issue of intent to make the U.S. your home. Staying away for more than 180 days should be discussed with an immigration attorney and you should probably obtain a re-entry permit before leaving.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your conditional permanent residency means that your intent is to consider your home to be in the U.S., really to spend the majority of time living in the U.S. and only temporarily visiting other countries for business. The recommendation is that you do not spend more than six months outside the U.S. at any one time. If your return to the U.S. is after spending more than six months outside the U.S. then the USCBP inspectors will make a presumption that you may have abandoned your residency and you will have to show documentary evidence to show your home is in the U.S. and you are maintaining your residency.

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    Igor Serbinin

    Immigration Attorney
    Answered on

    While you are on a legal permanent resident status the Department of Homeland Security assumes that you are abandoning residency if stay outside of the United States for more than one year without advance parole. Even spending six or more months outside of the United States without documentation supporting non-abandonment may place you in removal proceedings with immigration court (the CBP will parole you into the country, but request to appear in front of an immigration judge to explain). The EB-5 status does not grant you any exceptions from those regulations outlined in the INA and CFR (immigration and nationality act and code of federal regulations). If you travel back and forth to a total of more than six months, but not as one single trip for that long you will be OK. Keep in mind though that you will not be accumulating requisite physical presence and continuing residency requirements for citizenship application. Another suggestion for situation where someone is investing so much money into an immigration status, is to actually hire an immigration attorney to make sure that one does not make basic time and money consuming mistakes.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Travelling abroad for business purposes is possible, although it has to be well-planned. There are a series of steps that can be taken to ensure you preserve your residency and avoid non-compliance with the conditions of your conditional green card. Generally, one of the requirements for a green card is that the applicant wants to and must be a permanent resident of the U.S., thus staying in the country is expected. In EB-5 cases, this is even more necessary if the applicant is seeking a direct investment by which he is involved in the management of the business entity that is supposed to be the vehicle for obtaining the EB-5 visa. Thus, applicants need to reside more in the U.S. and nurture the business through day-to-day management. However, if the EB-5 investment is in a regional center, the applicant does not need to manage the business and can live anywhere in the U.S. Advisably, talk to an EB-5 attorney for guidance on how to satisfy the EB-5 requirements in a manner that will lead to a permanent green card while at the same time allowing you to participate in your business interests outside the U.S.

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    Kyle Barella

    Immigration Attorney
    Answered on

    If you are traveling for a short period of time abroad for work, it is not a problem. Much has to do with your intent. Permanent residency is meant to be permanent. Therefore, you should always intend to remain living in the U.S. At minimum, one should spend six months out of the year in the U.S. in order to maintain his or her residency status.

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    Denyse Sabagh

    Immigration Attorney
    Answered on

    You are able to travel abroad for business purposes. However, you must have established a residence in the U.S. and develop strong ties to the U.S. for example, pay taxes, own or rent a home, purchase a car, get health insurance, and establish U.S. bank accounts. You should not to be outside of the U.S. continuously for six months and you should spend more time in the U.S. then outside of the U.S. cumulatively.

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    Michael A Harris

    Immigration Attorney
    Answered on

    You can travel frequently in and out of the United States as a permanent resident. You are not restricted in that regard. However you have to maintain your residence in the United States so as by not accumulating too much time outside of the country. In the aggregate I would not recommend accruing more than six months a year. You should not have a departure out of the United States that is longer than six months for a one-time occurrence. You also must be aware that being outside of the United States a lot may still not relieve you of any of your U.S. tax resident publications. I recommend that you speak with an experienced immigration attorney before making a decision.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Traveling for several weeks at a time and often is not a problem as a green card holder. If you end up staying out for more than six months, you might want to consult your immigration attorney to obtain a reentry permit before traveling so that you are not seen as abandoning your green card for a lengthy absence from your primary residence, which should be the U.S.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no minimum stay requirement; however, if you stay abroad extensively (ie., more than six months), there is a rebuttable presumption of abandonment of U.S. permanent residence, and after more than a year, there is an assumption of abandonment of residence in the U.S. You can avoid this by filing a travel permit before any extended stay abroad. But it sounds like you will not need to do this, based on the information provided, since you will be traveling back-and-forth.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    While travel outside the U.S. is acceptable, remaining outside of the U.S. for 180 days (six months) at a time may be an issue.

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