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How can my child keep his green card if he or she studies outside of the United States?

I plan to apply for an EB-5 project but my 18-year-old son will be studying medicine in Europe for the next 6 years. Will he still get his green card if he does not reside in U.S. year-round, but travels here during his vacations?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You may need to make a special notification to the U.S. government if he plans on being out of the U.S. for that long.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your son should apply for a Reentry Permit, which is good for 2 years or up to the deadline that the conditional green card expireswhichever is shorter. This will allow him to stay outside the United States for this period of time. He should still maintain ties to the U.S., such as buying a home, filing taxes, keeping a bank account, etc.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, your 18-year-old son will be able to keep his green card once he is admitted as a Lawful Permanent Resident of the United States on a conditional basis, even though he may be studying medicine in Europe. He should return to the U.S. as his country of residence as often as possible, preferably at least once every 6 months. He should also carry with him his U.S. identification such as a driver''s license, credit cards, Social Security Card, etc. In no event should he remain continuously outside of the U.S. for more than 12 months without returning. If that scenario is even remotely possible, he should apply for a U.S. Reentry Permit. He should always remember that he is not visiting the U.S., but rather returning to his country of residence.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    He can apply for a Reentry Permit every two years and keep minimal ties to the United Statesfiling his taxes there, for example.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Once your child obtains the green card, he will need to file for a Reentry Permita document that allows him to be absent for up to two years in a row without losing the green card. The Reentry Permit can be renewed multiple times.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Since staying overseas for a long duration appears inevitable, he should consider filing for the 2-year Reentry Permit that will allow him to return to the U.S. Because his stay will be about 6 years, the permit may have to be renewed every 2 years. Consult an attorney to address this issue.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is no problem. Merely apply for a Reentry Permit. It''s good for two years and is renewable.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Ask an informed investment immigration attorney about how to obtain a Reentry Permit. This will solve this issue for you.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, he can maintain his permanent resident status (aka "green card") by filing for a reentry permit declaring his immigrant intent in anticipation of his extended stay abroad.

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    Stephen Berman

    Immigration Attorney
    Answered on

    He may get a reentry permit.

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