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Masami Hibino

Residency requirement

How much flexibility is there for having to live in the USA during the conditional green card phase?

Answers

Marko Issever
May 28, 2018 04:56 PM  Marko Issever

We get this question a lot. In fact, we have clients who want to be in the US already yesterday. This is one end of the spectrum. On the other end of the spectrum, we have clients who do not really want to move to the US but would like to get the green card and store it in their safe for a rainy day. USCIS views the EB-5 application as an indication of the intent of permanent residency. Unlike the other temporary visas such as the tourist or student visa, this visa is given to people who want to move to the United States to live and work in the United States. Therefore, when the conditional green card is issued, USCIS expects the applicant to move to the United States. That said, the government realizes that moving one’s assets, family, business etc., could take a while. Therefore, as long as the moving process has started, there is significant flexibility. It is advisable though that once the conditional green card is granted, the applicant makes an entry to the United States, does not remain outside the United States for more than six months, and within a reasonable amount of time makes the necessary arrangements to move to the US permanently.

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