+1-800-997-1228
Questions & Answers

What are the residency rules for dependents of EB-5 investors?

My wife and I are planning to move to stateside as soon as our conditional green cards are granted. However, our daughter has yet to complete university in Australia and therefore would like to join us (2-3 years) later. Must she also adhere to the 180 day rule? Or can she remain in Australia and still get her permanent green card if I do, since her visa is attached to mine?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The I-526 process and obtaining conditional permanent residency may take up to two years for you and your family including your daughter. Once conditional permanent residency is obtained you and family members should not spend at any one time more than 6 months outside the United States, and always have binding ties to the United States.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If she obtains her immigrant status and green card with you, but she needs to remain outside of the United States for more than 180 days, then she should apply for a reentry permit while in the United States. The reentry permit will allow her to reenter the United States during its two-year validity period and still maintain her green card.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    I am not sure why her visa is attached to yours unless it is because she is a minor. I believe she would have to be physically present in the United States to receive her card. She could then return to Australia to finish her studies. I would check with the Department of State when you appear for your interview.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    If a permanent resident is continuously absent from the United States for >180days, there is a rebuttable assumption of abandonment of permanent residence, and >1 year, an assumption of abandonment of permanent residence. This would be applicable to your daughter; however, in order to prevent this, she can file for a travel permit (she needs to be in the United States when this is filed) declaring permanent resident intent, but necessary to stay abroad for an extended period. The travel permit is granted in two year increments.

  • Avatar

    Roberto Ortiz

    Immigration Attorney
    Answered on

    Your daughter could apply for a re-entry permit once she obtains her conditional residency card in order to allow her to be outside of the United States for a period of more than 180 days.

  • Avatar

    Denyse Sabagh

    Immigration Attorney
    Answered on

    She should apply for her immigrant visa when you do. She should make an entry into the United States and obtain her conditional permanent residence. She must prove that she did, in fact, establish permanent residence in the United States. She should have objective evidence of her permanent residence in the United States, i.e. driver's license or state ID, social security card, open a U.S. bank account, get a library card, have a U.S. credit card, etc. She can continue to go to school in Australia, but she should come to the United States on her breaks. If she wants to obtain U.S. citizenship as soon as she is eligible, she must have 2.5 years of physical presence in the United States for the immediately preceding 5 year period prior to filing the application. Also, if she stays outside of the United States less than 180 days, she is treated as a "returning permanent resident" upon her return. If she stays outside of the United States more than 180 days continuously, she is treated as an "arriving alien." It is better to be treated as a returning permanent resident.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    She could either enter with you before the immigrant visa expires and then obtain a reentry permit to stay out for two years or she could just visit you at least once a year during her summer vacations. As long as she does not stay out for more than one year without coming into the country, which could be seen as giving up her residency, she will be fine. The conditional green card will be sent to you only after you all enter the United States after you get your immigrant visa and then paying the USCIS immigrant applicant fee of $165 per person, which is to signal USCIS to produce the green card. So, your daughter could receive her card if she actually enters, not in Australia.

  • Avatar

    Sufen Hilf

    Immigration Attorney
    Answered on

    Your daughter can apply for an immigrant visa as following to join in after you obtain your permanent residency. If your daughter is physically in the United States and able to file an adjustment of status, she should get the green card anyway and then apply for reentry permit to go to Australia to finish her study.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The national visa center should issue individual invoices for each dependent (and the principal investor, of course). You may be able to delay the processing of any one particular applicant, but please be aware that the "under-21" rule's protections may not apply the longer you wait. Please consult with immigration counsel to determine an approvable plan to move forward.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    The rule does apply. If she leaves for 180 days she may abandon her status. But she could apply for a reentry permit to avoid the problem.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    She will need to come here after getting her immigrant visa granted, but she can then obtain a reentry permit if she wishes to be overseas for more than 180 days. She will need to follow the rules otherwise as to maintaining permanent residency such as paying taxes and establishing evidence she intends to make this her home.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.