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When is a reentry permit required for EB-5 investors?

Is a reentry permit required for the holder of EB-5 conditional residence for a stay abroad of less than six months? When is a reentry permit required for EB-5 investors?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If you plan on being out of the United States for a year or more, you should plan your travels with an immigration attorney. Many actions may have immigration effects that you may not be aware of.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    A reentry permit is never required. It is an option for individuals who will be out of the United States for long periods of time (longer than six months in any 12 month period), to ensure their reentry into the United States, and to verify that they are not abandoning their permanent resident status. Every case is different, so it is best to discuss this option with your qualified EB-5 attorney.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    A reentry permit is not needed for any stay less than six months. Usually, the reentry permit should be sought by any permanent resident, if for any reason he or she needs to stay for a longer period outside the United States such as staying beyond one year. The purpose of the reentry permit is to allow a permanent resident to count his or her time outside the United States as part of his or her residency in the United States towards either the required residency requirement for permanent residency or naturalization. For better guidance and planning on this issue, consult an attorney.

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    Charles Foster

    Immigration Attorney
    Answered on

    A reentry permit is not required; it is only available to lawful permanent residents or conditional permanent residents. You do not need one unless once you immigrate to the United States as a conditional permanent resident and you plan to be physically out of the United States for a continuous period longer than 12 months. In that case, it is absolutely essential that you file for a U.S. reentry permit on Form I-131 prior to your departure from the United States. While it is not required, if you think you are going to be outside of the United States for a continuous period of less than 12 months, but more than six months, it may be advisable as a precautionary measure to acquire a reentry permit in any event. The key is that you must file for the U.S. reentry permit on Form I-131 prior to your departure from the United States.

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    John J Downey

    Immigration Attorney
    Answered on

    I do not believe there is a statutory period when a reentry permit is required. However, if you have an absence of a year or more it would be wise to obtain one.

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    Jack C Sung

    Immigration Attorney
    Answered on

    A reentry permit is not required for an EB-5 conditional resident who is going to travel abroad for less than six months. A reentry permit is needed for investors who are going to be traveling abroad for more than one year.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Required if you will be gone more than one year at a time and sometimes recommended if you are spending most of the year overseas even if you are briefly traveling back to the United States.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally not required for a short trip abroad, but it depends on the purpose. For example, if working abroad, it may be advisable as evidence that the applicant has no intention of abandoning residence. For any absence over one year, it is critically required.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should apply for a reentry permit if you intend to be outside of the United States for longer than one year.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    The requirement to maintain your residence in the United States applies to EB-5 investors just as it applies to any other green card holders. If you are spending the majority of your time in the United States, there is usually no need to apply for a reentry permit. If not, you should discuss the best strategy with your immigration attorney. Good luck!

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    No, if you intend to travel back and forth at least once a year, the reentry permit is not required. The reentry permit is used for people who will stay out for more than one year or more, so that USCIS will not assume that you have abandoned your permanent residency.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If a lawful permanent resident remains abroad for >1 year without intervening trips back to the United States, then there is an automatic presumption of abandonment of permanent residence in the United States. In order to avoid that, a reentry permit is required for lawful permanent residents (including conditional permanent residents) who plan to remain abroad for greater than one year without intervening trips back to the United States in order to preserve the "permanent resident" intent in the United States.

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