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Could the application for re-entry permits impact our ability to remove conditions on our green cards?

My family applied for EB-5 last year. We are expecting to get our green cards next year. My lawyer said that we need to start fulfilling the physical residency requirements when we get our conditional green cards. And if we could not, we can apply for re-entry permits. I want to know if the application for re-entry permits could negatively impact our removal of conditions application.

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It should not have any negative impact. As a matter of fact, the purpose of a re-entry permit is precisely to prevent any possible problem that your absence in the U.S. may create.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    It depends on the specific reasons why you are requesting the re-entry permits.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    It should not, but you need to show a good reason for foreign residency, an intent to make the U.S. your home (permanent residency is not just for convenience), and pay all U.S. taxes on worldwide income, in addition to usual requirements for I-829. It will impact eligibility for citizenship.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Absolutely not. As long as you have a valid reason to apply for re-entry permits, that is what they are there for. That said, you need to make sure that you are showing evidence of intent to make the United States your permanent residence. You can prove that by paying taxes, having a permanent address in the United States and a valid explanation as to why you need to temporarily be out of the United States for an extended period of time.

  • Avatar

    Anastasia White

    Immigration Attorney
    Answered on

    No, the application for re-entry permit will not negatively affect your removal of conditions application. However, as recommended by your attorney, start to strategize your presence in the U.S. for purposes of naturalization.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    No. It is safe to have re-entry permits.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Since you have a lawyer and since he is more familiar with your situation, I think you should ask him this question and listen to his advice.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally a re-entry permit is conclusive evidence of no-intention to abandon. However, I still advise my clients to try and not be absent for more than five months at a time and be sure to have good reason to explain the absence. Having a green card means you must have the intention to live in the U.S. This may be excused in certain instances.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Re-entry permits would not impact your CPR status if you continue maintaining ties to the U.S. during absence in excess of one year, such as keeping property, paying income taxes, etc. There are also specific requirements for naturalization. Discuss planning with your immigration attorney.

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    Charles Foster

    Immigration Attorney
    Answered on

    No, the application for a U.S. re-entry permit will have no impact whatsoever, upon the removal of conditions when you file your petition on Form I-829. As long as you maintain your conditional permanent residency, there should be no problem. Obtaining a U.S. re-entry may, under certain circumstances, allow you to preserve your conditional permanent residency. There's no downside.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    The application for re-entry permits does not negatively impact your removal of conditions application.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    No, filing for re-entry permits would not negatively impact your ability to remove the conditions on your permanent residency.

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