How should an EB-5 dependent visit the USA with no intention to reside? - EB5Investors.com
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How should an EB-5 dependent visit the USA with no intention to reside?

I obtained a conditional green card in 2017 as a dependent of my father, who is the principal EB-5 applicant. Our I-829 is pending. After a few 6-month visits to the USA, I could not come to the USA again as I was pursuing studies in my home country. It has now been 4 years. Now I want to visit the USA to attend the graduation ceremony of my sister, with no intentiın to permanently reside there. Do I need to inform any authority in the USA that I want to abandon my green card, or it is already canceled as I have not visited for more than one year? Or should I just apply for a B-1/B-2 visa without informing anyone?

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Answers

Julia Roussinova

Julia Roussinova

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You generally will need to abandon your green card by filing I-407 and may apply for a B-2 (visitor for pleasure) visa. It may be prudent to keep your green card and apply for a reentry permit assuming you have kept ties with the U.S.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You can apply for a B-2 and abandon your green card; but I suggest consulting before taking this drastic step after all your parent did to secure this for you. A Reentry Permit may be a better alternative if you may want the green card in the future.

Steffanie J Lewis

Steffanie J Lewis

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you were studying and following with a year or two of optional training in your field, I would provide the evidence that you never intended to abandon your U.S. opportunity for Permanent Resident status. Show that you have maintained your residence in the U.S. because you, as a student, maintained residence with your parents at their home in the U.S.

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