+1-800-997-1228
Questions & Answers

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

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    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.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    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.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    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.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    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.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.