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When must the family of an EB-5 investor move to the United States?

After the approval of the I-526 and after obtaining the immigrant visa from the consulate, is it compulsory for all the family members to move to the United States within six months? Or does just the main applicant move, and the spouse and children can join later depending on the academic calendar? When must the family of an EB-5 investor move to the United States?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An immigrant visa is typically valid for six months, so if the family members obtain immigrant visas, they should use them before they expire. However, the family members may wish to "follow to join" the principal applicant. This means that they do not have their immigrant visa interviews at the same time and they can immigrant visa process after the principal applicant, when their work and/or school schedule permits.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you have all already obtained immigrant visas, it is highly recommended the family enter the United States to receive green cards and then depart to finish the academic year. If the consular process is not finished and you have not been issued immigrant visas, you can postpone the process with NVC unless you have issues with a child or children who may age out. You should consult an immigration attorney.

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    John J Downey

    Immigration Attorney
    Answered on

    I believe all applicants should be physically in the United States to obtain their conditional green cards. You could then return to your home country. If the children need to finish an academic year at their school it should be no problem. However, constant travel to and from may cause you to lose status before you apply for permanent residency.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you have already gone through the immigrant visa processing and you have received the immigrant visa, then it will be easier to go to the United States within six months and then go back out with the green card. If you have not gone through the immigrant visa processing, then you could postpone that process for one year at a time.

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    Ed Beshara

    Immigration Attorney
    Answered on

    It is advisable for the EB-5 investor and family members to move to the United States within six months of obtaining the approval of the conditional permanent residency visa at the U.S. Consulate.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    So long as the family members remain either a spouse or unmarried children under the age of 21, the dependents may follow to join the principal. However, if the family members apply to the U.S. Embassy and are granted a visa, each is considered an individual immigrant and must enter the United States by the date stated on the visa, which is usually six months. Once having entered, the person is a U.S. lawful permanent resident who can travel at will so long as the person does not remain outside the United States for more than six months. If a person wishes to stay more than six months outside the United States, he or she should file for and obtain permission to return to his or her permanent U.S. residence.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Each individual family member will obtain their own EB-5 visa, which is only valid for a limited period of time. Each member will only have that time period to enter the United States, or else they will no longer have a valid visa to allow entry. However, you can stagger the applications for the EB-5 visa themselves, having one application move forward and enter, and then the remaining family members move forward with the process and enter at a more convenient time.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Generally to "follow to join" one must come to the United States within six months of the principal. There is no requirement to stay permanently in the United States; you can get a reentry permit and return to your country as well.

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