My parents are EB-5 green card holders, and I am their dependant. They had to return to their home country for more than six months for personal reasons, but they plan to return to the U.S. in less than a year. This long stay was unplanned, so they did not get permission before leaving the United States. What kind of risk does this situation pose for when they come back? What should they expect at Customs?
Answers
Lynne Feldman
EB-5 Immigration attorneysIf less than a year they should be fine. Be prepared to show their ties to the U.S. – your presence here, filing U.S. taxes, a residence here etc.
Tony W. Wong
EB-5 Immigration attorneysIf your parents leave the U.S. for less than a year, they should be fine to come back. If they plan to leave for more than a year, they should apply for re-entry and complete biometrics before leaving the U.S. Even though they come back in 12 months, they may be required for secondary inspection at the border and asked questions about their connections in the U.S.
Ying Lu
EB-5 Immigration attorneysIf they plan to leave the U.S. for more than six months, the safest way is to apply for a re-entry permit considering the current political sentiment. The re-entry permit application has to be submitted when they are physically in the U.S.
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