What are the physical presence requirements for EB-5 investors who want to apply for naturalization? - EB5Investors.com

What are the physical presence requirements for EB-5 investors who want to apply for naturalization?

I am an EB-5 investor with a green card for over 5 years. How many days do I need to have spent in the U.S. each year to qualify for naturalization?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

To qualify you must have been resent in the U.S. for the past 30 months, or 50% of the past five years, unless green card obtained via marriage to a U.S. citizen. Also, absences over six month can break the continuity of residence so if you have any extended absences they must be justified.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

The physical presence requirement requires you to be in the United States for at least 913 days in the five years preceding your naturalization application with no absences of more than 180 days on any one absence/trip.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

A total of 913 days, with no breaks greater than 180 days. Some exceptions to this for less than one year but more than 180 days.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

The residency requirement for naturalization states that, looking back for the last five years, you must have resided in the US for the last two and a half years.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Naturalization requirements are the same for all perm residents, regardless of how residence was obtained, with the exception of U.S. citizen spouses who qualify for naturalization sooner.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

It is the same as any other permanent resident.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

Five years after you receive your green card.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Half the total days plus one day. So more than 913 days in the last five years before applying. Also, you cannot have been out of the U.S. for more than 180 days in a row so that a 7-month backpacking trip would cause you to have to wait and reset your time.

Laura A Edgerton

Laura A Edgerton

Immigration Attorneys
Answered on

You must be physically present in the U.S. for at least 2.5 of the last five years. In addition, in most cases, you cannot be out of the U.S. for more than six months consecutively or USCIS will presume that you have broken the continuity of your residence.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

You must spend half of the time out of the last five years in the USA. A total of 30 months.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

At least 2.5 years of the prior five years from the date of filing the naturalization application.

Robert West

Robert West

Immigration Attorneys
Answered on

The minimum is 50% of the time.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.