What happens if I do not move to the U.S. after receiving an EB-5 visa? - EB5Investors.com

What happens if I do not move to the U.S. after receiving an EB-5 visa?

I have received my EB-5 immigrant visa. However, as my circumstances have changed substantially since I started with the EB-5 process, I do not plan to move to the U.S. and become a resident who will be subject to U.S. taxation and residency requirements. I would like to know the consequences of not entering the U.S. with the EB-5 visa and letting it expire. Will my investment be affected?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

No. But if you want to preserve your right to the green card, then you should enter the U.S. before the immigrant visa expires. If you truly are going to give this up, make an appointment at the consulate to sign an I-407 abandoning your green card. At the same time, you can apply for a visitor visa if this is of interest. Your investment is independent and you just need to notify the regional center of how to reach you.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

You have to look at the subscription agreement but the terms of the investment are unlikely to be impacted because of your decision.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

That will depend on the agreements you signed with the project. Some may have different procedures for those who enter the U.S. versus those who do not.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

If you do not intend to pursue permanent residency anymore, you can simply abandon the idea by not entering the U.S. and let it expire. With regards to your investment, unless you want to end your subscription agreement, it will remain throughout the duration of the agreement.

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