Questions & Answers

How do I maintain my immigrant status after my I-526 is approved?

Once my I-526 petition is approved and I have entered the United States with an EB-5 visa, what else do I need to do in order to maintain my visa/conditional permanent resident status? Do I need to live in the United States for a certain minimum number of days per year? Are there different requirements for different nationals, and specifically, a China national?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on March 19, 2018

  Generally, your permanent residence must be in the US after you obtain your green card. If you need to stay outside the US for longer than 1 year, you must obtain a re-entry permit that will allow you to stay outside the US for up to 2 years to avoid abandonment of your permanent residence in the US. You still need to maintain ties to the US as your primary home, such as property, family ties, assets, filing US taxes, etc. There are no different requirements for Chinese nationals. You must also file I-829 petition to remove the condition on your 2-year green card to avoid loss of status. There are also certain physical presence and continuity of residence requirements (among other requirements) to qualify for US citizenship. Please consult an immigration attorney.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 16, 2018

  Once you have a green card you must live in the US. Short absences may be allowed, possibly even up to 3-4 months but if you spend most of the time out of the US, without good cause, they may take away your green card, unless you get a reentry permit or special permission to be out that is valid initially for up to two years.

• Blake Harrison

  Immigration Attorney

  Answered on February 28, 2018

  The regulations do not provide a specific number of days per year that you must be present inside the United States to maintain your permanent resident status. However, trips longer than 6 months outside of the U.S. could indicate an intention to make another country your permanent residence. The rules for maintaining your permanent residence are the same for every country.

• Barbara Suri

  Immigration Attorney

  Answered on February 28, 2018

  After you have been granted your conditional resident status, you are expected to reside in the U.S. It is the same requirement for everyone. You should, at least, spend more time in the U.S. than out of the U.S.

• Daniel A Zeft

  Immigration Attorney

  Answered on February 28, 2018

  As a conditional permanent resident, you must comply with different requirements to maintain your conditional permanent residence status. You must spend most of your time each year in the United States. You must pay federal income taxes and state income taxes. There are no specific additional requirements which apply to citizens of China.

• Charles Foster

  Immigration Attorney

  Answered on February 28, 2018

  Once you have been admitted to the United States as a conditional Lawful Permanent Resident, you are in a very good position to maintain same. You are not required to be physically present in the U.S. for any specific number of days. However, should you depart the U.S. for an extended trip abroad, you could be deemed to have abandoned your Lawful Permanent Residency and thus, you should try to minimize the length of any trip abroad and if at all possible, never remain continuously out of the U.S. for more than 6 months. If you are out for more than 6 months, there is a presumption that you intended to abandon your residency. When you do return to the U.S., you should always have your U.S. documents such as driver's license, social security card, and U.S. credit cards in your wallet or purse and you should always remember you are coming home; you are not visiting the U.S. No, there are no specific requirements for Chinese nationals once you have obtained your conditional permanent residency.

• BoBi Ahn

  Immigration Attorney

  Answered on February 28, 2018

  Upon becoming a U.S. permanent resident you are declaring your intent to make U.S. your permanent residence; as such, any prolonged stays outside the U.S. (>1year at a time) would result in abandonment of your permanent residence. Outside of this residence requirement, there are no further or additional requirements as far as maintaining status is concerned. There''s no difference for different nationals.

• Jinhee Wilde

  Immigration Attorney

  Answered on February 28, 2018

  There is no requisite number of months for you to maintain your conditional residency. You should enter the U.S. at least once every 12 months period and must file for removal of condition (I-829) application before your conditional green card expires.

• Belma Chinchoy

  Immigration Attorney

  Answered on February 27, 2018

  The rules of residence are the same for nationals of all countries. As a general rule, you should have an intent to reside in the US and your trips out of the US should be less than 6 months. To be on the safe side, you can obtain a travel document.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on February 27, 2018

  As a permanent resident, you should be living in the United States. If you are absent from the United States for more than six months on any trip, it will raise a rebuttable presumption that you have abandoned your intention to permanently reside here. If you need to travel frequently and you plan to be absent from the United States for extended periods, you may consider applying for a reentry permit, which is valid for two years. The rules are the same regardless of country of origin.

• Phuong Le

  Immigration Attorney

  Answered on February 27, 2018

  A common issue that comes up for a number of investors is when they have to spend a considerable amount of time overseas after they receive their conditional permanent residency. In those instances, we advise our clients that they may want to apply for a re-entry permit to safeguard against any claims that they abandoned their CPR if they know they''ll likely be traveling quite a bit or be outside of the U.S. for over 6 months at a time (such as for business or taking care of family members). It is an easy protective measure to take and an option you should discuss with the EB-5 firm handling your case.

• Lynne Feldman

  Immigration Attorney

  Answered on February 27, 2018

  It is a question of intent. You are required to file taxes on your worldwide income. If you are going to be gone more than 180 days I recommend getting a Reentry Permit but still keep ties here tax returns, bank account, driver's license, some bills, etc. to show you intend to make the U.S. your home.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on February 27, 2018

  You would need to spend as much time as possible in the U.S., otherwise, spending majority of your time outside the U.S. could jeopardize your conditional green card. If you intend to stay for more than 6 months outside the U.S. (in the aggregate), best that you file a re-entry permit. It gives you another layer of protection.