Some approved EB-5 investors are under the false notion that possessing the residency card or the I-551 is sufficient to demonstrate residency in the U.S. This is not accurate.
To maintain residency in the U.S., the investor, or any member of his or her family, must physically reside in the U.S. for no less than six months in total in a calendar year.
This does not mean that it must be continuous, but it does mean that it must be cumulative.
Many EB-5 investors maintain businesses in their home country.
This is understandable and in our global society perhaps even desirable.
However, arrangements must be made to ensure the continuation of the enterprise without the investor, when the presence of the investor is necessary in the U.S. for 180 days or more per year.
We highly recommend keeping a log, or history, of each entry and exit to and from the U.S. while the investor is merely a conditional or full resident of the U.S.
Do not rely on the USCIS computer systems to provide valuable evidence of your departures or entries to the U.S.
Only a filing under the Freedom of Information Act, or “FOIA”, will require the government to release full immigration documentation which the government preserves in its records.
Only information which is not classified will then be released to the applicant.
You may be found to have abandoned your permanent resident status if you:
– Move to another country intending to live there permanently;
– Remain outside of the U.S. for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the U.S. may be considered, even if less than 1 year;
– Remain outside of the U.S. for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the U.S. may be considered, even if less than 1 year;
– Fail to file income tax returns while living outside of the U.S. for any period;