After arriving in the United States through immigrant investment, you are granted a temporary Green Card. However, this is a conditional Green Card, and eligibility to apply for a permanent Green Card can only be determined after two years based on specific circumstances. Experts from Worldway Immigration Group have summarized several precautions for maintaining a U.S. immigrant Green Card.
The United States Permanent Resident Card, also known as a Green Card, is an identification document used to prove that a foreign national holds permanent resident status within the United States. “Obtaining a Green Card” is a term used to describe the immigration process of becoming a permanent resident. The lawful permanent residency granted to U.S. Green Card holders is an official immigration benefit that includes the conditional permission to reside and work in the United States. Holders must maintain their permanent resident status; if a condition required for this status is no longer met, the holder may lose said status.
For Green Card holders who leave the country for less than six months, the U.S. Citizenship and Immigration Services (USCIS) does not consider the period of residence to have been interrupted, and entry screening is generally not stringent. This is unless special circumstances indicate the cardholder may have abandoned their residency, or if frequent and regular absences form a pattern that arouses the suspicion of immigration officers.
For Green Card holders who have been absent for more than six months, immigration authorities may suspect that the holder has abandoned their residency. To a great extent, this is determined by the subjective judgment of the immigration officer at the port of entry. When deciding whether to grant entry, the immigration officer will consider the following factors:
First: Family ties—whether there are family members or relatives settled in the United States.
Second: Employment or business status—whether you have any business development in the U.S., have paid taxes, or have applied for exemptions on foreign income.
Third: Economic and living conditions in the U.S.—whether you have real estate or long-term rental housing in the U.S., bank accounts, credit cards, memberships, vehicles, insurance, identification documents, and whether you have filed tax returns.
Fourth: Duration and purpose of the absence—if leaving for more than six months, do you hold a Re-entry Permit? Is there any evidence to support the specific reason for this long-term absence, such as illness, caring for an ailing relative, or managing real estate? As mentioned above, a Re-entry Permit is required for Green Card holders who leave the country for more than six months. However, if the individual has no substantial connection to the United States, possession of a Re-entry Permit and a Green Card alone is insufficient to maintain the Green Card. Immigration officers will use a combination of these factors to determine whether a Green Card holder has abandoned their U.S. resident status.