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What are the travel restrictions on conditional green card holders?

I just passed my EB-5 visa interview with my family. I plan to travel to the U.S. with my family once we receive our visas, tren travel back to my home country to complete another eight months of my employment commitment. During these eight months, I will be travelling back and forth to the U.S. every two months for a couple of weeks during each stay. Then I will join my family in the U.S. permanently. Could this get me in trouble when entering the U.S. or put any risk on my conditional green card? Do I need to apply for a re-entry permit?

Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    As a conditional permanent resident, you should be spending most of your time in the U.S. You should apply for a re-entry permit.

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    Jan Pederson

    Immigration Attorney
    Answered on

    You should be fine. I would get a re-entry permit, though, so you don't risk a determination of abandonment of residency. There are other considerations as well. It is dangerous to remain outside the U.S. for more than six months.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It doesn't appear you would need that based on this scenario. Being out of the U.S. for 180 straight days would be an issue and I often suggest being in the U.S. at least 180 days out of any given year.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    From the way you have explained your situation, I do not see any issues. It appears like you plan to do everything correctly. Once you obtain your conditional green card, you do not have to remain in the U.S. immediately and permanently if you have unfinished business back in your home country. Your family will be moving to the U.S., which is certainly a good fact. You will not be away from the U.S. for more than six months at a time, as you intend to be back every couple of months for the next eight months. If you think that you might have to extend your stay overseas in your home country for more than six months without making an interim entry to the U.S., then you might want to consider applying for a re-entry permit. But, as I said before, if you believe that you will be coming for a couple of week visits every two months or so, you should be fine without a re-entry permit.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, if no trip is longer than 180 days you are fine to travel just on the CR card.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you are traveling back and forth (every two months or so), you should be fine and not have to obtain a re-entry permit.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Based on your story, since it appears you are going to be out of the country less than a year, everything should work well and you can simply use your conditional resident visa to travel back and forth. However, think in terms of unforeseen subsequent events. If it appears that your plan may change, you should seriously consider filing a re-entry permit before you leave the country.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    General rule for CPR/LPR holders is you cannot be outside the U.S. for six months or longer. If you anticipate a lot of travel overseas, the safest bet is to get a re-entry permit.

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    Charles Foster

    Immigration Attorney
    Answered on

    You have the right as a conditional lawful permanent resident to travel abroad and as long as you return periodically and not out continuously more than six months and with your other U.S. ties, you should have no issue.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, you should apply for a re-entry permit because working abroad is inconsistent with being a U.S. resident.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Although there is no clear answer to your question, from a practice perspective, since you are in a transition period and your family will reside in the U.S. and you will travel two weeks per months for the next eight months, you should be OK. Make sure to settle your family presence in the U.S. before you start your travel. You just make sure your establish strong connection to the U.S. and be ready to answer the purpose of your trips if stopped at the airport.

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