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When is an EB-5 investor eligible for a U.S. passport?

After I make my EB-5 investment I understand there will be some time log before the visa is issued. But when am I eligible to get a U.S. passport? Throughout the EB-5 immigration process, what documents would my family and I use to travel to other countries?

Answers

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    An EB-5 investor becomes eligible to apply for U.S. citizenship exactly 4 years and 9 months after obtaining the conditional green card. While the I-526 is pending, the current law does not provide any special document for the investor or his/her family member to travel into the United States.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    About 2+ years after you get your full green card, or after 57 months after issuance of the conditional green card.

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    John J Downey

    Immigration Attorney
    Answered on

    You would only be eligible for a U.S. passport when you become a U.S. citizen. You would continue to use your own passport to travel or your permanent resident card.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Five years after receiving the conditional permanent residency, you can apply for naturalization and become a U.S.citizen. As a U.S. citizen you can obtain a U.S.passport and travel on it. Until you obtain a U.S. passport, you will travel on your own national passport as a U.S. permanent resident.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    After you have held your green card for five years, you will be eligible to apply for naturalization and once a naturalized citizen, you will qualify for a U.S. passport.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Once you become a lawful permanent resident, you will become eligible to file for U.S. naturalization in five years, assuming you meet the requirements regarding physical presence, residency, good moral character, and attachment to the U.S. Constitution (you agree with and understand the oath of allegiance to the United States). The time spent in conditional lawful permanent resident counts toward meeting the five-year requirement. You must spend at least half of the time in the United States during the five-year period and you must not have any absences from the United States of longer than 180 days.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You cannot obtain a U.S. passport until you become a citizen, for which you will qualify to apply after five years of being a permanent resident. When you enter after obtaining your immigrant visa after the I-526, you will be given an immigrant visa page in your country's passport, which will be only good for six months after the visa was approved. Within 1-2 months after entering the United States, your temporary two year, conditional green card, could be used for travel along with your passport. Because there are so many steps to finally becoming a U.S. citizen, please work with an experienced EB-5 attorney who could guide you in every single step that you must take without inadvertent mistakes that could derail you in the middle.

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    J Bruce Weinman

    Immigration Attorney
    Answered on

    Only U.S. citizens can obtain U.S. passports. You can apply for U.S. citizenship after being a permanent resident for five years (unless you are married to a U.S. citizen, in which case you can apply after only three years of permanent residence). If you want to travel outside of the United States while you are a permanent resident, you can use your passport from your home country. But be cautious of how long you stay outside of the United States, because extended absences often cause problems. If you leave the United States for more than six months at one time, it is advisable that you file for a re-entry permit. If you leave the United States for more than 12 months at one time, it is required that you file for a re-entry permit - otherwise you may lose your green card. Also: if you leave the United States for more than one year, the five years that you must wait before applying for naturalization generally restarts.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Once you become a U.S. citizen you can apply for a U.S. passport. In the meantime you will be a permanent resident (first with conditions, then a full lawful permanent resident). You will have an EB-5 visa in your current, valid passport allowing you to enter the United States.

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    Yevgeny Samokhleb

    Immigration Attorney
    Answered on

    After approval of your EB-5 petition, you will be eligible to shortly receive an immigrant visa to come to the United States and obtain permanent residency (a green card). Filing an EB-5 petition does not by itself grant you lawful status in the United States, so you will have to wait for approval in your home country and use your current passport to travel. If you have some other temporary status in the United States, your ability to travel while the EB-5 petition is pending may be limited, and you should consult with an attorney on that matter. If you are in the United States when your EB-5 petition is approved and you file for adjustment of status (green card application), you will have to file an application for a travel permit. After you receive your green card, you will be able to use that card to freely travel (with some timing restrictions). You may apply for a U.S. passport after you naturalize to U.S. citizenship, which you may after five continuous years of permanent residency.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The EB-5 process is as follows: I-526 filed. Once approved, you either adjust status or apply for an immigrant visa at the consulate. Conditional residence is granted and this is the start date of your permanent residency. 1 year and 9 months from this date you file to remove conditions on your permanent residency with an I-829 and supporting documents. Assuming this is also successful, 4 years and 9 months later you may apply to become a U.S. citizen, provided you have sufficient time in the United States and are otherwise eligible to apply. While you are a conditional resident or permanent resident you travel with the passport of your nationality and your U.S. green card. If a national of your country would need a visa to travel to another country you will still need a visa in most cases, but should check with the Embassy of the country where you are traveling to. Once you become a citizen, you travel with a U.S. passport.

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    Sufen Hilf

    Immigration Attorney
    Answered on

    If your EB-5 immigrant visa is approved, you will become a permanent resident of the United States. You will not be able to get a U.S. passport. You can apply for naturalization to become a U.S. citizen close to five years after you become a permanent resident if you meet all the requirements.

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    Ian E Scott

    Immigration Attorney
    Answered on

    Generally speaking you are eligible to become a U.S. citizen five years after you get your green card, as long as you meet the other requirements (e.g. residency).

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    Stephen Berman

    Immigration Attorney
    Answered on

    Five years after being granted permanent resident status, and filing for citizenship, and being granted citizenship.

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