I am applying for an EB-5 visa in California, and my goal is permanent U.S. residence. Can my green card ever be taken away?

Yes. Once you receive a green card, there two major conditions that could cause it to be revoked. The first is if you are convicted of a serious crime; the second it is if you abandon your U.S. residence.

“Abandonment of residence” is the most common reason immigrants jeopardize their EB-5 visas in California. While you are allowed to travel with your green card, you must not establish a permanent residence anywhere other than the United States. If you stay out of the country for too long, USICS may assume that you have abandoned your U.S. residence.

If you will be out of the country for an indeterminate amount of time, you should:

  • Inform INS of your travel plans. Letting the immigration department know that you will be traveling may avoid an inspection upon your return.
  • Apply for a re-entry permit. Depending on the length of your absence, your green card may not be used as a viable U.S. entry document. You must apply for a reentry permit from USCIS before you leave the country.
  • Maintain your residence. Actions such as closing your U.S. bank accounts or taking family members with you may be seen as abandoning your home in the U.S.

It is important to note that naturalization laws also require immigrants to be physically present in the U.S. for a period of time before they may acquire U.S. citizenship. Our EB-5 attorneys in San Francisco can help you protect you and your family if you need to travel abroad suddenly.

Vaughan de Kirby
California Immigration Attorney

EB-5 Regional Center Program Ends 12/08/17

Congress has extended the current Regional Center program to December 8th, 2017, at which time it will sunset unless extended. We anticipate future legislation that will call for an increased investment amount and more stringent requirements. For this reason, we recommend to our clients that they take action under the current law if at all possible.

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<span>Complete Guide To The EB-5 Green Card:</span> Critical Knowledge For Investors Who Want To Make The Best Decisions For Themselves And Their Families

Complete Guide To The EB-5 Green Card: Critical Knowledge For Investors Who Want To Make The Best Decisions For Themselves And Their Families

If you are seeking permanent residence status in the U.S., request a free copy of Complete Guide To The EB-5 Green Card to learn about the EB-5 visa program.

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<span>EB-5 Due Diligence Workbook:</span> Ten Critical Steps to An Informed Decision

EB-5 Due Diligence Workbook: Ten Critical Steps to An Informed Decision

Vaughan de Kirby's book, EB-5 Due Diligence Workbook: Ten Critical Steps to An Informed Decision was written for EB-5 investors who are selecting a regional center.

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