Before you can become a permanent resident, you must first petition to have your immigrant status adjusted. This will make you a conditional permanent resident; after a period of time, the conditions may be removed, and you will lawfully be a permanent resident of the U.S.
In order to do this, you must have an approved Form I-526, Immigrant Petition by Alien Entrepreneur. Once you have a valid visa number, you can apply for conditional permanent residence using Form I-485, Application to Register Permanent Residence or Adjust Status.
Generally speaking, it can take between six months to one year to receive approval for Form I-485. Once you are approved, both you and your eligible family members may receive 2 years of “conditional” permanent resident status in the U.S. This may include spouses and unmarried children under the age of 21.
During your two years of conditional residency, you must continue to operate under the conditions of your EB-5 visa, including upholding the job requirements of your position. Starting six months after your Form I-526, you are required to hire and maintain ten jobs at your company or enterprise of investment in order to maintain your visa status.
Our trusted San Francisco EB-5 attorneys at the Law Offices of Vaughan de Kirby can help you with the steps of the investor immigration process, including the removal of your conditional residency—the final step to permanent residence in the U.S.
Call us today at (415) 221-2345, or request a copy of our FREE informational guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.