EB-5 Visa Information: SECTION 5 – GREEN CARD

What documents and information are required for my I-526 Petition?

Your attorney will review the documents required for your I-526 petition. As part of the documentation and evidence gathering, the investor will need to provide detailed documentation showing how his investment capital was acquired.  USCIS requires proof of lawful source of funds and independent evidence support all investment funds provided. Examples of evidence include bank statements, stock certificates, loan mortgage documents, promissory notes, security agreements, etc.

Once I receive my conditional green card when do I apply for my permanent green card?

You must file an I-829 Petition (application) to remove the conditions on your permanent resident status. This must be filed within 90 days before your conditional green card expires. After you file your I-829 Petition, your conditional resident status will be extended until the processing of your I-829 Petition has been completed.

Can my permanent green card be taken away? How do I keep my permanent green card after I receive it?

There are two requirements to keep residency for life: 1) You cannot be convicted of a serious crime, and, 2) you cannot abandon the U.S. as your permanent residence.

How much time must I spend in the U.S. each year?

Generally, once you become a conditional permanent resident, you should spend at least 180 days each year in the United States. There are several exceptions to the 180-day rule including studying abroad, medical circumstances, or emergency business circumstances. In these cases, a re-entry permit may be granted.

What is the difference between permanent residency and citizenship?

Once you are granted U.S. conditional residency you are entitled to most of the rights U.S. Citizens, except you may not vote and you are not entitled to some public benefits. You do have the same tax requirements and rates as U.S. citizens. You are allowed to travel outside of the U.S., however you should review the rules and regulations with your attorney regarding lengthy periods away. Generally, the USCIS views any period away from the U.S. longer than 180 days as “abandonment”, and not temporary.

As a U.S. resident, you have the right to apply for U.S. Citizenship after approximately 5 years, given there are no waiting lists for your country. In order to qualify to apply to become a U.S. citizen through naturalization you must become a Legal Permanent Resident (LPR) and remain a LPR for 5 years. You must also be physically present in the United States for 30 months during the 5-year period prior to the naturalization application. Once the naturalization process is complete, the individual has the right to vote and hold public office.

Am I entitled to keep my citizenship from my country of origin?

This varies by country. The U.S. allows dual citizenship, however your country of origin may not. This is a great topic to discuss with your immigration attorney.

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