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How can I remove my green card condition without living in the U.S if I have a reentry permit?

I have had a conditional green card since July of 2018. I have applied for a re-entry permit and just received my travel document. If I stay outside the U.S. for the whole period of the conditional permanent residency, can my removal of condition application be approved after 2 years?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If there are very good reasons and a valid re-entry permit for the entire period. I would, however, be cautious, as this is pushing the envelope. USCIS wants to see you serious about establishing residency, so I would encourage you to try and take up residency as soon as possible.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can. You will need to provide documentation of your U.S. residency (U.S. tax filing, U.S. address, etc.).

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    Charles Foster

    Immigration Attorney
    Answered on

    You can file for the removal of your conditions on Form I-829 after two years and that petition will be adjudicated on whether or not you met the technical requirements of the EB-5 legal requirements. Having a U.S. re-entry permit and staying out of the U.S. for some significant period of time is a separate issue, as to whether you would be deemed to have abandoned your residency, be it your conditional permanent residency or your regular permanent residency. As a general rule, the longer you stay out continuously, the more likely you could be deemed to have abandoned your residency. If at all possible, you should always return within six months and certainly within 12 months. You always have the obligation to show that you did not abandon your residency and you had an intent to return to the U.S. The U.S. re-entry permit does give you prima facie evidence of your right to remain outside the U.S. for a period of time during the validity of the U.S. re-entry permit.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Don't stay out the entire time. Come periodically and make sure to establish residency ties in the U.S.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes. But you should get an experienced EB-5 immigration lawyer to help you with this!

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    Stephen Berman

    Immigration Attorney
    Answered on

    Yes, you can do that.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You do not have to be in the U.S. to file the I-829 application. However, the application will not continue to be processed if you are not in the U.S. to take the biometrics done (ASC appointment), which could only be done in the U.S. Also, I am hearing from other immigration lawyers that USCIS has been trying to deny I-829 cases based on the fact that the applicant did not spend majority of the time in U.S. as a permanent resident. They abandoned their residency status is what USCIS is alleging. Again, this appears to be new policy direction to deny as many legal immigration cases as possible by the Trump administration. However, it is worth noting and be prepared to argue against their potential erroneous action. You obviously did not abandon your residency, as you have applied for and received the re-entry permit, which allows you to stay out for two years.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, but you will need a U.S. address.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    No! Most likely you would lose your conditional green card if you do that. At the minimum you need to enter the U.S. every six months or so. You need to maintain the understanding that you plan to make the U.S. your new home base. If the immigration officer gets the impression that you got the green card but have no intention to live here, he will confiscate your green card. You do not want to be classified as a person who has abandoned residency in the United States.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can remove your conditions even if you stay outside the U.S., since you have a re-entry permit lasting for two years. The entire two years you will be residing outside the U.S. will be treated as if you are residing in the U.S.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS extends the permanent residency status while the I-829 is pending (which would allow for foreign travel). Notifying USCIS of extended travel may benefit you, but I would want to see more details on your immigration and travel history before determining what you can do.

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