How can I invest in EB-5 and still live outside United States?

EB-5 is a category for permanent residents. You cannot really invest now and then claim or use the green card in 5-10 years. That is not the way the U.S. immigration laws work.

That would be very challenging. Eventually, the NVC will not allow you to move forward with processing the immigrant visa. 5-10 years would be too long, but maybe an extra year or two is possible (but we will not even get into children becoming too old to be derivative beneficiaries).

There should be no difficulty in making an EB-5 investment and living outside the United States. In the first place, even after you file your EB-5 I-526 petition, it will take a year or longer for same to be adjudicated and then six months to a year before you are scheduled for your final interview at the appropriate American consulate in your home country before your immigrant visa is issued. Once your immigrant visa is issued, you have up to six months to enter the United States as a Conditional Permanent Resident of the United States. Once you have become a conditional permanent resident of the United States, you are eligible to apply for a U.S. reentry permit by filing a petition on Form I-131 and you can live outside of the United States for extended periods of time. However, it would be advisable, if at all possible, to return at least once every six months and to always remember you are returning to your country of residence.

A green card is a residence permit that requires you to reside in the United States. You have six months from the time of approval - that will take about two years, to enter the United States. Once you enter, you can apply for a reentry permit to be out for up to two years, and that can be renewed for another two years, with annual extensions thereafter. I am not sure you can extend this for 10 years, but five years, with some entries, maybe be possible if there are legitimate reasons to be out.

Currently, it takes 17 months to process the I-526 petition (initial step). If you reside abroad, you will consular process for an immigrant visa at a U.S. embassy in your home country upon approval of the I-526 petition (next step). Generally, the consular process step takes, on average, six months to a year. When you are issued an immigrant visa, you will have six months to enter the United States. Upon admission to the United States, you become a conditional permanent resident and receive a two year conditional green card. If you depart the United States for a period of longer than one year, you must obtain a reentry permit which will allow you to stay outside the United States up to two years or through the period of validity of your conditional green card (whichever is shorter). You still need to maintain ties to the United States as the country of your permanent residence, such as a home, filing U.S. taxes, bank accounts, family in the United States, driver''s license, etc. You must remove conditions by filing the I-829 petition within 90 days of the expiration of your conditional green card (third step). Living permanently outside the United States contradicts the purpose of becoming a U.S. permanent resident. To that end, you may be considered having abandoned permanent residence if you maintain no ties to the United States and do not intend to reside in the United States.

One of the requirements of maintaining the permanent residency status is that you maintain a permanent residence in the United States by having a permanent residence address, sending your kids to school, paying taxes, etc. While many EB-5 investors, who are high net worth individuals with businesses they must run, may spend most of their time outside the United States, their family stays here while they travel back and forth. If you intend to live outside the United States permanently and really have no desire to move for such a long time, 5-10 years, then there is really no reason why you want to obtain the permanent residency of the United States.

You may invest in an EB-5 project now, while living outside the United States. However, when you eventually get your green card based on your EB-5 investment, you will be a permanent resident of the United States. That means you must reside in the United States (which is usually considered living in the United States for at least six months out of the year, though other factors are considered). It may take five years or longer for you to get your green card, but that will depend on the processing times and backlogs.

Upon becoming a permanent resident under the EB-5 processing, you can file for a reentry permit, which is granted in two year increments (without a maximum limit as to how many times you can apply for it). This establishes permanent resident intent for USCIS purposes of maintaining status, and allows you to live/work abroad at length without risk of "abandoning" permanent residence.

You will need to enter the United States to obtain your permanent residency and then apply for a reentry permit to be outside the United States for two years at a time, and then reenter and apply again as needed. Once a permanent resident, you will be liable for U.S. taxes on your worldwide income and will need to establish enough ties here that USCIS does not think you are abandoning your permanent residency.