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When does the two year conditional residence start?

When does the two year conditional residence start: from the I-526 approval date or the filing date?

Answers

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    Dawn M Lurie

    Immigration Attorney
    Answered on

    The two-year conditional residency is unrelated to the I-526 approval or filing date. In fact, residency starts at the time an individual either adjusts status in the United States, or if processing for an immigrant visa overseas, it starts on the date of the actual entry into the United States.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The CPR period begins when the investor obtains their EB-5 visa or adjustment of status (for those investors who were already in the United States lawfully). However, depending on the specifics of the project, job creation may be counted at a different time (like in cases with bridge financing in place).

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    Gus Shihab

    Immigration Attorney
    Answered on

    In order to maintain your permanent residence status (green card), you must make the United States your place of residence. Establishing residence in the United States occurs when you have an abode, a job, bank accounts, etc. In other words, you must create sufficient ties to the United States so that your absence from the United States does not cause the government to allege that you have abandoned your residence. Absence in itself can cause a presumption of abandonment. I always counsel my clients not to be absent from the United States for more than six months at a time. Having said that, please remember that there is no requirement that you reside in the United States for 12 months within two years. The requirement is that you must establish residence and not be absent for more than six months at any given time. I hope this helps.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The period of conditional lawful permanent resident status begins when the investor enters the United States with an EB-5 immigrant visa or when the I-485 adjustment of status application is approved.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    From the adjustment of status approval date or the date of entry on the immigrant visa.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    If you are in the United States and you apply for adjustment of status, the day your application for adjustment of status is approved. If you are overseas, the date your application for immigrant visa is approved. Be advised that the approval of the I-526 does not give you lawful permanent status; there are more steps to follow.

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    Charles Foster

    Immigration Attorney
    Answered on

    The two year conditional residency starts on the day you obtain your conditional lawful permanent residency. It is not the approval of the I-526 when your two years of conditional residency starts, but either when your application for adjustment of status is approved or you enter the United States on your immigrant visa.

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    John J Downey

    Immigration Attorney
    Answered on

    To the best of my knowledge, the two year conditional residence begins when you arrive on American soil.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The two years of conditional residence start on the day your petition is approved.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It starts upon admission to the United States on an immigrant visa (if you consular process abroad upon I-526 approval) or when your adjustment of status application is approved by USCIS (if you are adjusting your status from another lawful immigration status in the United States upon approval of the I-526).

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    Ying Lu

    Immigration Attorney
    Answered on

    The two year conditional residency period starts on the date of approval of the I-485 application or the date when you are admitted into the United States with your EB-5 visa obtained through consular processing.

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    Generally, the starting date of the two year green card is from a short time after the interview in the consulate or USCIS.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    From the approval date.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    When you enter the United States with your immigrant visa approved from a consulate post after the I-526 is approved. Or, when you get your I-485 adjustment approved after I-526 approval.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Neither one - it starts from the date you immigrate to the United States or the date your adjustment of status is approved if you are already in the United States in another nonimmigrant status.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    It starts from the date permanent residence is awarded, which is either upon I-485 approval (adjustment of status) or upon admission with an immigrant visa (after consular processing).

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    Louis M Piscopo

    Immigration Attorney
    Answered on

    Neither. It starts from the granting of conditional residence status, which occurs after the person's adjustment of status application is granted (if they are in the United States and filed for AOS) or after they enter the United States on their immigrant visa (issued after the petition is approved if they are outside the United States).

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The two year conditional residence starts from the date of issuance of the conditional green card that is neither the filing date nor the approval of the petition date. It is about six months later for most applicants, except for Chinese applicants, where it is about 3-4 months after the number becomes current.

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    Jeff Khurgel

    Immigration Attorney
    Answered on

    From the date of approval of conditional resident status (filed on Form I-485 after approval of the I-526).

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    Shahzad Q Qadri

    RC Creator
    Answered on

    The two year conditional residence begins upon approval of the I-526.

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