Are there any differences in the physical presence requirements for the principal applicants and for dependents in an EB-5 case? - EB5Investors.com

Are there any differences in the physical presence requirements for the principal applicants and for dependents in an EB-5 case?

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

BoBi Ahn

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Yes, 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

A Olusanjo Omoniyi

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The 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

Jimena G Cabrera

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There 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

Lynne Feldman

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Once the conditional residence is granted, each person must maintain residency or get a reentry permit for an extended absence.

Daniel A Zeft

Daniel A Zeft

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The principal applicant and the dependents are subject to the same requirements for physical presence in the U.S.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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The 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

Robert West

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The rules are the same for all.

Dale Schwartz

Dale Schwartz

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Physical presence rules apply to all green card holders. Your dependants cannot meet the requirement for you.

Vaughan de Kirby

Vaughan de Kirby

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All 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

Salvatore Picataggio

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Each 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

Stephen Berman

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Those rules apply to all permanent residents. It makes no difference how they became permanent residents.

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