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Where can an EB-5 investor live after I-485 approval and before filing Form I-829?

While filing for an EB-5 visa with a regional center, can the applicant stay in his home country after I-485 approval and before filing Form I-829? Since I will have ongoing business in my home country, is it enough to visit the U.S. for a month each year or buy a house in the U.S. to show intention to reside in the U.S. and keep my green card?

Answers

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    Answered on

    You need to be physically present in the U.S. as a conditional permanent resident. If you are to be out of the U.S. for long periods of time, you may be able to notify the government first. Please work with an immigration attorney on this matter.

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    Answered on

    If you need to stay outside the United States for a period of 1 year or longer, you must obtain a Reentry Permit and go through biometrics appointment for your Reentry Permit application before you depart. A Reentry Permit is valid for up to 2 years or for the period of your conditional green cardwhichever is the shorter length of time. While having a Reentry Permit will protect you from permanent residence abandonment consideration in the U.S., you must still maintain adequate ties to the U.S. as your primary residence country, such as an establishment of a principal home, filing US taxes, having other family members in the U.S., assets/liabilities, bank accounts, children registered in school, etc. You also must return to the U.S. before the expiration of the Reentry Permit.

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    Answered on

    It would be safer to file an I-131 Reentry Permit so there is no question of abandonment. You also need to maintain sufficient ties to the U.S., pay taxes on your worldwide income, etc.

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    Answered on

    It is not okay to live abroad as the United States green card requires you to be resident of the U.S. If you need to be out of the U.S. for extended periods of time, you will need to get permission to return via a Reentry Permit.

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    Answered on

    When you invest through a regional center, you may live and work anywhere in the United States—not only where the project is located. The intention of obtaining permanent residency is that you will establish your permanent residence in the U.S. For example, you can sign a lease for an apartment or buy a house in the U.S. to achieve permanent residency. While you may not be able to live here year-round, perhaps your spouse and children can do so while you travel.

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    Answered on

    After the approval of his/her Conditional Permanent Residency, the EB-5 investor may live anywhere in the United States without restriction. As a Conditional Permanent Resident of the United States, he/she may travel abroad to visit his/her home country for temporary periods of time, provided that he/she returns to the U.S. as their place of permanent residency in a sufficient period of time and demonstrates the requisite intent to always maintain their permanent residency in the U.S. Certainly, buying a home in the U.S. shows an intention to continue to reside in the U.S. on a permanent basis. Remember, you are not "visiting" the U.S. but rather returning to your place of permanent residency. While there is no specific number of days or months you are required to be physically in the U.S., the more the better! For example, you should never be out of the U.S. continuously for a period longer than 6 months and definitely never longer than 12 months, unless you have first filed for a U.S. Reentry Permit prior to departing the U.S.

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    Answered on

    The general rule for anyone obtaining a permanent residence status in the US is that the immigrant has declared his or her intent to permanently live here. It is not advisable to live outside the US and come back once a month to avoid staying out of the country for 12 successive months. Your planned action may be considered an abandonment of permanent residency, regardless of your other business needs outside the US. It may even negatively affect the adjudication of your I-829 in the future. Before you proceed further, seek the help of an immigration attorney for further advice. There are a number of legal steps that can be taken to preserve your permanent residence status instead of simply staying out of the country for 11 months each year.

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    Answered on

    If you have extended business to attend to abroad that requires your absence from the U.S. after you become a lawful permanent resident (i.e. I-485 approval), it is recommended that you file for a re-entry permit to declare your permanent resident intent. These are issued in two-year increments.

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    Answered on

    It would be prudent to apply for a reentry permit, which would allow you to remain outside of the U.S. during the entire Conditional Residency period.

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    Answered on

    If one is not in the U.S., then one should get the immigrant visa by consular processing and not an I-485. After getting a green card, one can get a two-year reentry permit to be allowed to return to the U.S. If one is not able to immigrate to the U.S. for several years, then one should not apply for an immigrant visa.

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