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
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San Francisco California EB-5 Investment Immigration Attorney

EB-5 Extended to December 11th, 2020

Obtain a United States Green Card with a qualified investment of $900,000 in a USCIS Approved Regional Center. We have set our clock to December 11th 2020, however Congress is considering new legislation which will increase the qualified investment to $1,000,000. This change could happen at any time and the $1,000,000 could become the law with little or no notice. If a Green Card is important to you and your family please contact our office immediately.

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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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