I represent a group of foreign investors currently residing abroad. They are interested in receiving a Green Card via the EB-5 investment but have no plans of living in the US.
Does the immigration criteria require that they be present in the US in order to receive the permanent residency / Green Card?
Thanks in advance,
A green card is not to be used as an insurance policy. It requires that the holder live in the U.S. Prolonged absences without advance permission can result in loss of residency. There is, however, strategic planning available that can avoid such an outcome. This is the type of case that absolutely needs the advice and strategy of an experienced immigration attorney.
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Why do they want a green card if not intent to ever live in the U.S.? Are they doing this for their children? They need to be advised that the green card requires an intent to make this their home. They must enter the U.S. within 6 months of obtaining the Immigrant visa. Thereafter they can apply for a Reentry Permit, be fingerprinted and stay away fro up to two years at a time. they should be counseled though that permanent residents are required to pay taxes on their worldwide income and maintain other indicia of their intent to make this their home.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
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There are a few exceptions for preserving green card status while being outside the US, but in general a green card holder must be living in the US or they will risk abandoning their green card status (permanent residency).
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J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
In this setting, I usually advise my clients to explore the possibility of making their spouse/adult child (whoever is ready to move to the U.S. or at least spend a few months per year in the U.S.) the principal investor. Once this relative gets citizenship (approximately, 5 years from the receipt of the initial green card), he or she can easily petition for the client to come and live in the U.S., whenever the client is ready to move.
I will be happy to discuss this further.
Gregory Romanovsky, Esq.
Romanovsky Law Offices
12 Marshall Street
Boston, MA 02108
Steven- they dont have to be in the US at the time of the green card gets approved. They are required to travel to the US, I believe within 4 months after the receive the approval at the consulate. Once they have the green card, they can explore how many months they want to live here. Perhaps a long term B1 or some other visa would suit them more?
Business Immigration Attorney with 17 years of immigration law experience. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.