After getting conditional green cards, are principal applicants and dependents subject to the same requirements on physical presence in the U.S.? Can dependents stay in the U.S. and fulfill the requirements on behalf of the principal applicant?
Answers
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, as lawful permanent residents both the principal and dependents have the same physical presence requirements to maintain permanent residence in the U.S.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyThe principal applicants and their dependents have the same set of obligations to reside in the U.S. The residency obligations are not transferable between the two groups. Each person, regardless of whether he/she is a principal or dependent, must meet his/her own residency requirements.
Jimena G Cabrera
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no difference. Each conditional permanent resident must meet the physical presence requirement for lawful permanent residents. If the conditional permanent resident plans to travel outside the United States for a long period of time, she/he may apply for a re-entry permit.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyOnce the conditional residence is granted, each person must maintain residency or get a reentry permit for an extended absence.
Daniel A Zeft
Find an EB-5 Visa Lawyer: Immigration AttorneyThe principal applicant and the dependents are subject to the same requirements for physical presence in the U.S.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThe physical presence requirements are the same for all green card holders except that derivative children are deemed to have the intent of their parents. USCIS is sometimes more lenient with minors attending school abroad.
Robert West
Find an EB-5 Visa Lawyer: Immigration AttorneyThe rules are the same for all.
Dale Schwartz
Find an EB-5 Visa Lawyer: Immigration AttorneyPhysical presence rules apply to all green card holders. Your dependants cannot meet the requirement for you.
Vaughan de Kirby
Find an EB-5 Visa Lawyer: Immigration AttorneyAll green card holders, including dependents, are subject to the same presence requirements as U.S. permanent residents. If they anticipate being absent for more than six months during any 12-month period, they should consult with their investment immigration attorney regarding a re-entry permit.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyEach person''s green card is their own responsibility at that point. If the primary applicant really cannot or never planned to stay in the U.S., perhaps the investor should be another family member.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThose rules apply to all permanent residents. It makes no difference how they became permanent residents.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.