What are the EB-5 green card residency requirements?

If you plan to leave the U.S. for 6 months or more, you may need to notify USCIS, otherwise, you may be presumed to have abandoned your residency. Work with U.S. immigration lawyers who can help you prepare for your travels.

If you intend to depart the United States for a period of one year or more, you must apply for a reentry permit first. This application will require that you are present in the United States for the fingerprint appointment, then you may depart and have the permit sent to a consulate abroad for you to pick up. It is generally valid for two years or until your conditional permanent resident card expiration date. You must reenter the United States before its expiration and also continue maintaining ties to the United States, such as a place of abode, filing U.S. taxes, family in the United States, bank accounts, etc.

The residency requirement for conditional permanent residence under the EB-5 program will be the same for any permanent resident. You must maintain your permanent residency by having sufficient physical presence in the United States. At a minimum, you should avoid being out of the United States continuously for more than six months at a time. If there is any possibility that you could be out for more than 12 months continuously, before you depart the United States you should apply for a U.S. Reentry Permit. Remember, when you return to the United States, you are returning as a resident and you should have on you all indicia of your U.S. residency including local driver's license, credit cards, etc. There is no prescribed number of days you must be physically in the United States.

If you have plans to stay abroad for 1+ years, you should file for a re-entry permit to protect your residence status before you leave the country. Re-entry permits are granted in two-year increments.

A conditional permanent resident is expected to live in the United States. The immigrant visa is generally valid for six months from the date of issuance, and the EB-5 immigrant must enter the United States during this period. After entering he or she should not be out of the United States for more than six months or the continuity of the green card status is broken. Also the authorities will look at the total time spent living in the United States, so if there are only brief stays in the United States, it is advisable to apply for U.S. reentry permits. These allow persons with approved reentry permits to be out of the United States for up to two years. The reentry permits can even be renewed for another two years, and possibly longer.

The holder of a temporary green card has the same requirements as any green card holder - to spend at least six months out of a year in the United States. If the investor has to leave for 6+ month to settle his business in another country, then he has to obtain a re-entry permit (Form I-131). The re-entry permit will assure that the investor will keep his green card while away. Absence from the United States for 1+ years while on a green card without a re-entry permit will cause the investor to lose the green card.

You should not stay out for more than one year without first obtaining the re-entry permit. If you stay out more than 12 months without the permit, then your green card, conditional or otherwise, will be deemed abandoned.

You are required to reside in the United States for more than six months each year as a conditional resident. If you need to leave the United States for more than one year, I will recommend you to apply for the re-entry permit first before you leave.

If you will be gone longer than 180 days, I recommend a reentry permit before traveling and also to be sure to comply with the tax laws of both countries.

If one gets a reentry permit, he or she can get up to two years living out of the United States without forfeiting residency.