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When must I enter the United States after getting an EB-5 green card?

I recently got my EB-5 green card, but I am not entirely prepared to live in the United States. Do I have a time limit to enter the United States? If I wait for awhile, will this affect my chances of getting U.S. citizenship later?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Once you obtain permanent residency you will be required to live permanently in the United States. You are authorized to visit other places, including your previous home. As a recommendation, you should enter the United States within three months of obtaining the immigrant status and establish binding ties in the United States.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is not clear whether you have been issued an immigrant visa to enter the United States as a conditional permanent resident or you have adjusted status to a conditional permanent resident in the United States upon approval of your I-526 because you were here in another lawful immigration status. If the former, you have six months to enter the United States on your immigrant visa to be admitted as a conditional permanent resident. If the latter, you will need to obtain a reentry permit if you plan to stay outside the United States for more than one year not to be considered to have abandoned your lawful permanent resident status in the United States. I would have to discuss the specifics of your case in order to provide more accurate legal advice.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Check the dates on your EB-5 visa! You may have about six months to enter the United States, but there will be a "valid to" date on the EB-5 visa, which allows entry.

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    John J Downey

    Immigration Attorney
    Answered on

    I would advise that you make at least a visit for a short period. This way you can say that you are preparing to eventually move. If you wait too long then you may be questioned at the Port of Entry as to your intention to be a PERMANENT resident. All of the green card issues have changed since 9/11.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Look at your immigrant visa and make sure you enter the United States before it expires. Your eligibility for U.S. citizenship will depend on when you have enough days of physical presence in the United States, among other things.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Normally, you are given six months on your immigrant visa after the interview at the embassy/consulate. You are supposed to initially enter the United States within that six-month time. If, however, you must be in your country for an extended amount of time due to business or family matters, you could apply for a Reentry Permit after entering the United States within that six months, and then go back out to your country with that and you could stay there for up to two years. Another way that many EB-5 investors do is to come and go every six months to a year so as not to seem to be "abandoning" their green card status. As to the citizenship application, the eligibility is to be a green card holder for five years and have spent a minimum of 50 percent of that time residing in the United States. Therefore, if you spend more than 2 and 1/2 years out of the five years that you have had the green card, you will not be eligible to apply for citizenship until you could show that you have lived in the United States for at least 50 percent of the time.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Generally you will receive an immigrant visa with a 180-day duration. You must enter the United States within this 180 days.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally you must enter within six months. You need to not be out for more than six months.

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