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Green Card via Investment / EB-5 : Is there a need for the foreign investor to be physically present in the US at any point?

Boston, MA |

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,
Steven

Attorney Answers 7

Posted

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.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

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Posted

Hi Aggie, The reason for obtaining a Green Card is to be provided with some sort of "insurance" in case of a catastrophic event taking place in their country (politically related) Personally, I think the US benefits more if the investor parks his/her capital with the US with out taking advantage of services/benefits/space/privileges etc. Coming to the US 6 months out of the year would be a burden due to leaving their families, jobs, friends and I would assume somewhat of a minor financial burden as well. IS there any other creative way to create a win-win for both US/Immigration and the investors? Thanks in advance, Steve

Aggie Rachel Hoffman

Aggie Rachel Hoffman

Posted

You are now talking strategy. This forum is for answering general questions. I will be pleased to discuss your issues pursuant to the an attorney-client relationship that is protected by confidentiality. Please go to my website and submit your request for an apptmt. I look forward to meeting with you.

Posted

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
website: www.immigrateme.com

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

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Posted

Hi Lynne, The reason for obtaining a Green Card is to be provided with some sort of "insurance" in case of a catastrophic event taking place in their country (politically related) Personally, I think the US benefits more if the investor parks his/her capital with the US with out taking advantage of services/benefits/space/privileges etc. Coming to the US 6 months out of the year would be a burden due to leaving their families, jobs, friends and I would assume somewhat of a minor financial burden as well. IS there any other creative way to create a win-win for both US/Immigration and the investors? Thanks in advance, Steve

Lynne Rogers Feldman

Lynne Rogers Feldman

Posted

they can do the Reentry Permit but would need to come here initially to obtain PR status for themselves and perhaps family members and will need to file taxes on any worldwide income.

Posted

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).

V.K. Vandaveer, PLLC. 202-340-1215. This response is only general in nature and is not legal advice specific to your situation. Indeed, any response may differ significantly based on an attorney’s evaluation of your specific facts. No attorney-client relationship exists between you and the law firm or attorney Vonda K. Vandaveer as a result of this response. Avvo should not be used as a substitute for competent legal advice from a licensed attorney. If you are seeking legal advice for your unique situation or legal representation, please email me at vonda@vkvlaw.com or call our office at 202-340-1215 to schedule a consultation with an experienced immigration attorney.

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Asker

Posted

Hi, The reason for obtaining a Green Card is to be provided with some sort of "insurance" in case of a catastrophic event taking place in their country (politically related) Personally, I think the US benefits more if the investor parks his/her capital with the US with out taking advantage of services/benefits/space/privileges etc. Coming to the US 6 months out of the year would be a burden due to leaving their families, jobs, friends and I would assume somewhat of a minor financial burden as well. IS there any other creative way to create a win-win for both US/Immigration and the investors? Thanks in advance, Steve

Vonda K Vandaveer

Vonda K Vandaveer

Posted

It would help to know what the investor considers a "win." US immigration policy and US economic policy do not always overlap and may even seem to be contradictory. There are too many variables at play here to provide an easy answer. Whether there is a win/win depends on a more detailed discussion of each investor's goals, priorities, what they are willing and not willing to do, etc.

Posted

Of course.

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.

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Posted

Yes

www.Low-Fee-Immigration-Lawyer.com

John Lassen 1-877-252-4630

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Posted

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
617.787.0000
www.romanovskylaw.com

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Posted

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.

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2 comments

Aggie Rachel Hoffman

Aggie Rachel Hoffman

Posted

A long term B-1 is not what they want. They want the green card without having to live here. Perhaps it is so that their children could attend school here. There are many reasons .

Anu Gupta

Anu Gupta

Posted

Sure. Cant really have a green card and hold it till the kids are old enough to move unless kids are already teenagers and want to come here to study. I had one client where we had the petition approved but had them withhold submission of one document at the consulate. Case kept pending for a year there till they were ready to take the green card. Attorneys can do a lot of things with timing.

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