It is well known that EB-5 investors need to pay attention to maintaining their status after obtaining "Conditional Permanent Resident" ("CPR") or Lawful Permanent Resident ("LPR") status. If an investor loses their CPR status, their accompanying spouse and children will also lose their CPR status.
Residence Requirements for Conditional Permanent Residents and Permanent Residents
Permanent residents must present their valid green card upon each entry into the United States and demonstrate that they are returning to their permanent residence in the United States that they have not abandoned after a temporary stay abroad. According to regulations, any permanent resident who stays outside the United States for more than one year will have their green card invalidated and cannot use their green card to apply for entry into the United States. Furthermore, any resident who stays outside the United States for more than one year in a single instance will be considered by the Department of Homeland Security to have abandoned their permanent resident status.
How to Maintain Conditional Permanent Resident and Permanent Resident Status
Currently, there is a misconception in the EB-5 market that as long as permanent residents enter the United States every six months for a few days or weeks, they can meet the requirement of not exceeding one year of absence, thus not losing their LPR status. This interpretation is incorrect because even if residents stay outside the United States for less than a year at a time, they may still lose their permanent resident status. If a resident stays outside the United States for a long time over several years and only returns to the United States once a year, the U.S. Customs and Border Protection (CBP) may question their immigration status upon entry through airports or other ports, potentially leading to denial of entry and initiation of deportation proceedings.
The burden of proof for returning residents is to demonstrate that their departure was temporary. Factors that can be considered to determine a resident's intent to reside include:
(1) The resident's family ties, property ownership, and employment are in the United States or another country;
(2) Whether the resident is returning to their place of employment in the United States or to their actual family residence, rather than a temporary stay;
(3) Whether the resident has filed U.S. income tax returns as a resident.
For those who wish to stay outside the United States for more than one year without abandoning their permanent resident status, or who wish to spend most of their time outside the United States, they can apply for a re-entry permit.
Re-entry Permit
A re-entry permit is a travel document issued by the U.S. Citizenship and Immigration Services (USCIS) that is similar in style to a passport, used to prove that the resident did not intend to abandon their resident status when leaving the United States. The USCIS may require evidence of tax filings and other proof of temporary departure from the United States before issuing a re-entry permit.
Permanent residents must submit their re-entry permit application while in the United States and must appear in person at the Application Support Center of the U.S. Citizenship and Immigration Services for fingerprinting, which includes fingerprinting and photography. Generally, fingerprinting will be scheduled within a few weeks after the applicant submits their re-entry permit application. If a permanent resident leaves the United States before fingerprinting, they must return to the United States for fingerprinting, otherwise their re-entry permit application will be denied. However, once the fingerprinting is completed, the permanent resident can leave the United States before their re-entry permit application is approved without affecting the application. Additionally, after approval, if requested by the applicant, the re-entry permit can be sent to a U.S. consulate, embassy, or overseas office of the U.S. Citizenship and Immigration Services.
It is believed that through the detailed explanation above, EB-5 investors have gained a profound understanding of the requirements and related regulations for maintaining Conditional Permanent Resident or Lawful Permanent Resident status in the United States. If you have any related questions, please consult the experts at WorldWay Immigration Group.
As a leading institution in investment immigration, WorldWay Immigration Group has been deeply engaged in U.S. investment immigration for 21 years, always prioritizing the interests of investors, regularly providing practical information to investors, and consistently recommending quality projects to clients with a forward-looking perspective. To date, WorldWay Immigration Group has successfully assisted tens of thousands of families in immigrating to the United States. Therefore, for those intending to immigrate to the United States, WorldWay Immigration Group is worthy of your trust and choice.
Warm Reminder:
The current policy for EB-5 investment immigration, which allows for immigration to the United States with an investment of only $500,000 and low barriers to entry, will expire on September 30. Additionally, the timeline for the immigration agency's price increase and administrative reform regulations is also approaching. In this situation, for those in need of a green card, please quickly secure quality EB-5 projects and apply as soon as possible.
Immigrate to the United States, catch the last train at the low price of $500,000, and choose from WorldWay's quality EB-5 projects.
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