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Questions and Answers > EB-5 Requirements

How will it impact our EB-5 process if the main applicant is overseas large part of the year?

My father is the primary EB-5 applicant and he has been overseas for over six months but he just returned back to the U.S. for some days. However, he had to go again due to business problems. Our conditional green card expires in September. How will this impact our EB-5 process? What can we do?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    He should file and obtain a reentry permit or it may impact all of your ability to stay in the U.S.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    Doesn''t he have a re-entry permit? If not, he should get one soon to avoid this type of heartburn.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As long as you timely file your I-829 petition and the principal applicant remains a conditional lawful resident, his extended absence and business problems should not materially affect your case. When you file the petition to remove conditions (I-829) between June and September, you must include evidence that the investment funds have been sustained at risk and the required jobs have been created or will be created within a reasonable period of time.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Any time someone is outside the U.S. with a green card for more than 6 months, they are subject to being questioned about whether or not they gave up their permanent residence when they return to the U.S. He must be able to prove that he did not abandon his residence here. He could show that he has a house or apartment in the U.S.; has bank account here; has a car here; has family here he intended to return to; etc. If he stays outside the U.S. for more than 1 year, he will automatically lose his green-card status. He should consult his own immigration lawyer about all this.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If he does not abandon his residence, there should be no issue. Be sure he does not leave for over six months.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    it should be fine. Make sure he applies for a reentry permit if he will be gone longer than a year and continues to pay taxes on worldwide income.