What are the residency requirements for EB-5 principal applicants and dependents after the I-526 approval?

You are required to reside in the U.S. as conditional permanent resident. If for any reason you need to live outside the U.S. after your conditional permanent residency has been granted, you should seek a permit by filing I-131 so that you can keep your residency status.

After the I-526 petition is approved, the principal applicant and the dependents could choose to not proceed directly with applying for an immigrant visa. How long one could delay moving forward with the immigrant visa application process is an open question that should be carefully considered by the principal applicant''s attorney in light of the overall situation. After becoming a conditional permanent resident, the principal applicant and the dependents must spend the majority of their time in the United States.

Once a person has a green card, even if conditional, he or she is expected to live here unless there is a good reason. Any absence over six months breaks the continuity of residence and any absence over one year results in termination of residency. One can, however, get authorization to be out by applying in advance.

If a green card holder remains outside the U.S. for more than 365 days, his or her green card is automatically cancelled (with some possibility of getting it back from the nearest U.S. consulate or embassy for good cause). We advise our clients not to stay outside the U.S. for more than six months at a time to be safe. Green card holders can obtain a re-entry permit, which allows them to stay outside the U.S. for up to two years and then return with few questions asked. This can be renewed for another two years, with a maximum of four most of the time. You must be inside the U.S. when you apply for the re-entry permit, but then you can leave while the case is pending.

If there are plans for either the dependents and/or the principal applicant to stay abroad for an extensive period of time (i.e. greater than six months), then they can apply for a travel permit declaring lawful permanent residency in the U.S. but with a planned absence from the U.S. for an extended time, which would allow preservation of permanent residency in the U.S. If not, they would risk abandonment of lawful permanent residency in the U.S.

No. Conditional permanent residency is still permanent residency. Staying out of the U.S. for a six-month period or for six months out of the year may result in abandonment of the green card.

In terms of the residency requirement for the EB-5 petitioner and his or her dependents after the I-526 is approved, they would normally wait abroad until they could apply for their immigrant visa, but if they are in the U.S. and if a visa number is available, they would want to file an application for adjustment of status. Once conditional lawful permanent residency is obtained, one could travel abroad, including back to their home country in order to finish their education, wrap up their business or for other personal reasons. It would be highly advisable that on any trip abroad, one not remain out of the U.S. continuously more than six months and in no event more than one year, unless one has filed for and obtained a U.S. re-entry permit. The safest thing to do is return to the U.S. periodically and never stay out longer than six months. One should also remember that when you return to the U.S., when asked, you are not visiting but returning to your home residence.

Everyone must obtain an immigrant visa and enter the U.S. with a valid visa in order to start the conditional residence period. Subsequent to this initial entry, conditional permanent residents should maintain their intent to reside in the U.S. and establish ties in the U.S. A travel document should be obtained before extended absences from the U.S.

If anyone will be absent from the U.S. more than 180 days after obtaining conditional or permanent residency, then a re-entry permit is recommended and ties to the U.S. maintained so you will not abandon the green card. This must be applied for on U.S. soil.

If they wish to stay in their home country, they should file for re-entry permits, which will allow them to stay out for two years.

The dependents who received their green cards must also immigrate to the U.S. once he/she receives the conditional green card.