Questions and Answers > EB-5 Requirements

Do I need to reside in the US after the EB5 visa is approved?

I currently live in China. I am planning to apply for the EB5 investor visa for myself and my family (wife and son). Once the EB5 visa is approved, am I required to reside in the US? I appreciate that I need to go to the US within 180 days upon the EB5 visa approval. Would it be OK to stay there, say just for a few days, and come back to China, after which I will only go to the US on occasional basis? My wife and son can reside in the US for the majority of the time, but not me, however I am the primary petitioner.

Answers

• Mahsa Aliaskari

  Immigration Attorney

  Answered on April 5, 2013

  Once you obtain legal permanent resident status, to maintain that status you will need to show your intention to reside in the U.S. and for the U.S. to become your primary residence. While you may spend some time out of the U.S., if you do not show permanent ties then you risk abandoning that status. If your wife and child remain in the U.S., they would not lose that residence. However, with the EB-5 until the conditions are removed then their status and ability to obtain the permanent green card would be tied to your status. It is important to carefully review the timing of the EB-5 filing, conditional residence and any plans you have to continue your residence outside of the U.S. Some families also consider having the spouse submit the EB-5 petition as the principal applicant, you may want to discuss this option with immigration counsel before making any commitments to an EB-5 project.

• Julia Roussinova

  Immigration Attorney

  Answered on March 28, 2013

  This depends on your long-term objectives. If you are absent from the US for longer than a year without obtaining a reentry permit upon receiving your conditional (2-year) permanent green card, you run the risk of abandoning your lawful permanent resident status in the US. For longer absences, it is necessary to obtain a reentry permit and intend to maintain a home in the US. Further, lawful permanent residents are still required to pay income taxes on their worldwide income. If you do not intend to maintain permanent residence in the US, it might be recommended your wife becomes a principal investor rather than yourself. You should have a consultation with an immigration attorney to discuss your situation in more detail.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on March 25, 2013

  It sounds like you may have some tax resident questions. You will need to obtain residence for your wife and children to as well. To better answer your question about how to maintain your conditional residence I would need to have a consult with you.

• Marisa Casablanca

  Immigration Attorney

  Answered on March 25, 2013

  Good afternoon, Your situation is not unique. Most investors have no interest in residing in the United States. They process the residency through the EB5 program for them and their family to obtain residency. Then the family ends up residing in the United States without the principal investor. You may renounce your permanent residence when you wish and your family would keep their permanent residence in the United States. Most renunciations are done at the Consulate. At that time you request a tourist visa in lieu of your permanent residence. As I mentioned, this is quite common.

• Roberto Ortiz

  Immigration Attorney

  Answered on March 25, 2013

  Good morning! I hope all is well. Once you receive your conditional residency, you should reside in the US and not in China. I understand that you will be traveling back and forth since your family will be here. You should make sure that you do not spend more than 180 continuous days in China. Also, you should make sure that you own a house in the US, bank account, pay your taxes, etc. If you have any other questions, please do not hesitate to contact me. Thank you.

• Mona Shah

  Immigration Attorney

  Answered on March 22, 2013

  n investor who is granted an immigrant visa is subject to certain rules, one of which relates to the period of time spent in the U.S. The law provides that any investor who leaves the U.S. and returns will be presumed to be admissible as a returning lawful permanent resident, as long as he or she has not remained outside the U.S. for more than 180 days. If an investor does remain outside the U.S. for more than 180 days, he or she will have to establish his/her admissibility to the Customs and Border Patrol inspector. Absences of longer than 180 days can raise questions concerning the investor''s intention in residing in the U.S. on a permanent basis as an immigrant. It is recommended that if you do not wish to live in the US, you can obtain a re-entry permit. This will allow you to stay outside the US for up to two years, without making an entry.

• Shahzad Q Qadri

  RC Creator

  Answered on March 22, 2013

  Yes, the purpose of the visa is that you will be residing in the US. They can revoke your I-526 where they feel that you are not residing here.

• Lynne Feldman

  Immigration Attorney

  Answered on March 22, 2013

  Yes that would work. You must intend to make the U.S. your home but travel is fine. If you will be gone from the U.S. for an extended period of time you can apply for a Reentry Permit to allow you to remain outside the U.S. for up to 2 years. You should continue to pay U.S. taxes on worldwide income once PR is granted and perhaps maintain an address (with your family in the U.S. this will not be a problem) and even a small bank account to show your intent.

• BoBi Ahn

  Immigration Attorney

  Answered on March 22, 2013

  This questions comes up quite frequently from our EB-5 Investors who are mainly interested in the permanent residence for their children to live and be educated in the U.S., and for some, it is a long term plan for their retirement in the U.S. The answer to your question is no, you do not need to reside in the U.S. when the EB-5 Petition and the subsequent Immigrant visa is approved. However, you do need to initially enter the U.S. upon approval and file a Re-entry Permit which declares to the USCIS your permanent resident intent, and circumstances (business or other) which require to live abroad for the time being. This will protect your green card status. The Re-Entry Permit is granted for a maximum of 2 year initial period and you may file to renew.

• Philip H Teplen

  Immigration Attorney

  Answered on March 22, 2013

  It will be eventually problematic for the maintenance of your Green Card if you do not spend significant time here. Perhaps it would be better for your wife to be the primary investor. I will be happy to discuss detailed strategy

• Jeffrey E Campion

  Immigration Attorney

  Answered on March 22, 2013

  Maybe. You can also: 1. Apply for a reentry permit to try to preserve your residency. Or 2. You could give a gift to your wife and she could file for residency and you could come later.

• Reza Rahbaran

  Immigration Attorney

  Answered on March 22, 2013

  Once you become a permanent resident in the United States, there are certain requirements to maintain your status as a resident. If you are outside the United States for a period in excess of 180 days post EB-5 approval, you may lose your status. For further information please contact Rahbaran & Associates

• Jinhee Wilde

  Immigration Attorney

  Answered on March 22, 2013

  After you enter with your family, you must apply for a "Reentry permit" if you intend to stay out for more than a year. Many businessmen choose to do so due to needing to conduct business overseas. You will need to stay in the U.S. for about a month after applying for the Reentry permit so that your biometric (fingerprinting) is done before you leave. If you will come and go within every 6 months, you will not need to do this.

• Lei Jiang

  Immigration Attorney

  Answered on March 22, 2013

  You need to be in the U.S. for at least a half year.

• Mark Ivener

  Immigration Attorney

  Answered on March 22, 2013

  This is a fact specific discussion which you should have with your Immigration attorney. There are exceptions for principal to be outside US for a prolonged period of time. Best regards, Mark

• Boyd Campbell

  Immigration Attorney

  Answered on March 22, 2013

  You need to enter the United States within six months from the date your EB-5 visa is issued to you at a U.S. consulate. The date of issuance can be found on the EB-5 visa stamp in your passport.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 22, 2013

  As a U.S. permanent resident, you must maintain the intention to reside permanently in the United States. If you do not plan on residing in the United States, then you do not need a green card. If your wife and child are going to reside in the United States, you should consider making your wife the investor and principal applicant. You only need a visitor''s visa to visit the United States, if you don''t plan on living or working here.

• Laura Danielson

  Immigration Attorney

  Answered on March 22, 2013

  Anyone who receives permanent residence is expected to have an intent to reside permanently in the US. While you may be able to put off making a permanent move for a few years with re-entry permits, you still need to have a long-term intent. Moreover, the moment you get permanent residence you will be required to file U.S. tax returns as a resident, which means that you must declare and pay taxes on your world-wide income. Before proceeding you may want to consider an alternate strategy: for example making your wife the investor and foregoing your own permanent residence status for a while. You can always file to join your family later. I would strongly urge you to at least get good legal advice regarding your tax liabilities and the rules regarding maintenance of permanent residence before proceeding.

• Stephen Berman

  Immigration Attorney

  Answered on March 22, 2013

  If you do not move to the U.S., there is at least some risk you will lose your permanent resident status. If your dependents stay in the U.S., assuming your conditional status is removed, then they will be able to stay, even if you do lose your status.

• Susan Pilcher

  Immigration Attorney

  Answered on March 22, 2013

  A green card requires that you establish actual, primary residence in the U.S. In your circumstances, it may be appropriate to make your spouse the EB-5 investor. You should consult knowledgeable immigration counsel for an evaluation of your specific circumstances.

• Ed Beshara

  Immigration Attorney

  Answered on March 22, 2013

  This is a great question which requires an experienced EB-5 immigration law firm such as ours to review and analyze your intention and timeline goals before you file the EB-5 Investors petition and invest your funds into an EB-5 project. your intent to come and go to and from the U.S. definitely requires careful planning with the US immigration attorney.

• Neville M Leslie

  Immigration Attorney

  Answered on March 22, 2013

  To maintain your residency, you need to spend more than 180 days here each year.