Where must EB-5 dependents live during conditional residence?
From what I understand, once I, as the EB-5 investor, get two year conditional residence, I need to live in the United States for at least 12 months of those two years. Does that also apply to my wife and children? And once you attain permanent residence, do you lose it if you move outside the United States again? The issue is that I could manage the two year conditional requirement, but my children need to finish school in the United Kingdom.
The interesting thing about this part of the EB-5 process is that each family member gets his or her own green card that, technically, is not tied to the investor (there are ways to file the I-829 completely separate from the primary investor, for example). You should discuss your timelines with an immigration lawyer to determine possible effects on your permanent residency status.
Any member of the family (investor, wife/husband and children) must maintain permanent residence in the United States once they become a lawful permanent resident. Maintaining your conditional permanent residence is more complicated than just staying physically in the United States 12 months out of 24 months. Please talk to your attorney, who will be able to answer all your questions.
It is possible for your children follow to join you in the United States. You may also apply for reentry permits for them if they immigrate at the same time as you. Permits will allow for them to stay outside the United States up to two years or up to the period of conditional permanent residence (if shorter). Please contact an immigration attorney for consultation.
You are correct. Once you, as the principal EB-5 investor, acquire your two year conditional residence, you are required to reside in the United States, but not for any specific period of time. You could actually require less time as long as you show that you have an intent to maintain your residence in the United States and you are not outside of the United States at any time more than six continuous months. However, in general, it is best to reside physically in the United States for as much time as possible. The same rule would apply to your wife and children, assuming that they also obtained conditional lawful permanent resident status. You ask once your remove the conditions and you obtain your 10 year card and your lawful permanent residence - you will not lose your lawful permanent residence as long as you maintain your residency in the United States. If you move outside the United States for some period of time, you should never remain physically outside the United States for more than six months and you should spend as much time in the United States as possible. You should maintain as much indicia as possible of your residency such as bank accounts, credit cards, a driver's license and if feasible, a residence. But as a lawful permanent resident, you could still live abroad for some period of time, particularly if you have a good valid reason such as allowing your two children to finish school in the United Kingdom. But you should obtain a U.S. reentry permit.
John J Downey
There is no statute time for remaining in the United States, but when it comes time to adjust from conditional status to permanent you may be questioned as to your intent to be a permanent resident based on how much time you have resided here. I do not think it is a problem for your children. Remaining outside the United States to complete their education would be a valid reason for not relocating immediately.
There is no requirement for you to live in the United States for any specific number of months or days. Once you obtain permanent residence in the United States, you are supposed to ''permanently reside'' in the United States, but there are ways to preserve your LPR status even if you are not spending too much time in the United States. Your kids would need to obtain reentry permits to make sure they do not lose their green cards.
If they or you will be gone from the United States for more than six months during the conditional residence or permanent residence period, we recommend filing a reentry permit prior to leaving the United States. You need to remain here long enough to be fingerprinted.
Once becoming a permanent resident through the EB-5 petition process, you/your family can file for a reentry permit, which declares permanent residence in the United States, but which will require you to stay abroad for extensive stays without jeopardizing your and your family's permanent resident status.
The same condition applies to all conditional green card holders whether they are primary or derivative. The only difference is that if the derivative loses his/her conditional green card status, it will not affect the rest of the family, whereas if the primary loses his conditional green card status, the whole family will lose their status. It is possible for the derivative child to lose his/her status and apply for it again in the future; however, depending on the situation, then it may not be as straightforward. You should consult with your attorney about applying for a reentry permit.
There is no absolute minimum time that a green card holder needs to be physically present in the United States to maintain residence. Absences of more than one consecutive year result in the invalidation of a green card. Frequent or lengthy absences of a shorter time may also result in the loss of residence because the law is quite subjective and dependent upon numerous factors. Applying for reentry permits may be the most prudent course of action to meet your needs, allowing for departures of longer duration. You would need to discuss your plans with an immigration attorney who can map out the best options for you.