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How can an approved EB-5 investor schedule the filing of a re-entry permit and removal of conditions while living outside the US?

We are Indian citizens living in Canada who got approved for EB-5. We wish to move to the USA in 3-4 years. How can we schedule the filing of re-entry permit and I-829 filing to not end up losing our U.S. green card and removing conditions successfully after 2 years while living outside the USA for the most part? Also, USCIS asks for address for re-entry permit form I-131 and at many places. Can it be our PO box? If it has to be a residential address, can we use the address of a friend? Or would we have to rent a home in the USA for the entire duration?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can only file a reentry permit while physically in the US and you should take steps to establish residence in the US by filing taxes and having a home because reentry permit adjudications are slow.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    You have an involved situation. You need a consultation appointment with an immigration attorney.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You must be in the U.S. to file each of these documents but can then leave. You may use a c/o address if more convenient for fingerprinting purposes. We suggest using counsel address for delivery of documents.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Reentry permit application must be filed while you are present in the US and you will need to attend a biometrics appointment when scheduled by USCIS. A reentry permit will be limited to your conditional green card validity period. You are still required to maintain ties to the US. I-829 can be filed while outside the US. Consult your immigration lawyer for further details.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Yes, this is possible. Need to do some back-and-forth travel, which is easy from Canada. Your attorney will walk you through the process.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    Reentry permit applications must be filed while the green card holder is in the US. I-829 (removal of conditions) can be filed while abroad. Sounds like you should seek specific advice on making sure you do not abandon your green card status.

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    Stephen Berman

    Immigration Attorney
    Answered on

    There may be some way to do it, but my recommendation is not to try this. There are many things that can go wrong.