Conditional Green Card Through EB-5: Your Rights and Responsibilities as a Permanent Resident

The wait is over, and you have finally received your US Permanent Resident Card (“Green Card”) through the EB-5 program.  What happens now?  Chances are you’ve spent countless hours researching the EB-5 visa, regional centers, projects, attorneys etc.  However, do you know what your rights, obligations, and responsibilities are as a newly arrived Permanent Resident?

Firstly, an approved EB-5 visa entitles you to a two-year conditional Green Card.  A conditional Green Card is exactly what it sounds like.  There are certain conditions that must be met before you receive a “full-fledged” and renewable Permanent Resident Card.    At the conclusion of two-years, you will need to have an attorney file for you, form I-829, Removal of Conditions.  Provided you show that your EB-5 investment has created the requisite number of jobs among other factors, you will be issued a Permanent Resident Card, valid for ten years.  In the future, you need only apply for renewal of your card before it expires.

As a legal permanent resident, you are entitled to many of the same privileges as United States citizens.  You may live, work, or travel anywhere in the United States.  You and your children can attend school and qualify for in-state tuition breaks.  However, you may not vote in elections, or make any false claims of US citizenship.

One question many immigration attorneys receive is, whether legal permanent residents can spend a significant amount of time outside the US.  The goal of permanent residency is just that – to be a permanent resident of the United States.  Any prolonged period outside of the country may be seen as abandonment of your permanent resident status.  It is important you remember to make the United States your permanent home.  

After maintaining permanent residency for a period of five years, you may be eligible to apply for US citizenship.  Benefits of US citizenship include, the right to vote, obtain a federal job, sponsor family members for residency, and travel with a US passport.

For more information on the EB-5 visa program, or any other US immigration matters, please contact our office.  

Barella Law | +1 (239) 228-2895 | kbarella@barellalaw.com | www.barellalaw.com

The Information contained in this blog is for information purposes only, and should not be considered legal advice for any individual case or situation.  The information provided is not a substitute for consultation with an attorney.  No attorney/client relationship is created by the information contained herein.

My EB-5 Visa Petition Has Been Approved...Now What?

Next steps in the EB-5 Visa process

Waiting for one’s EB-5 Visa petition to be approved by USCIS can be a stressful time in an Immigrant Investor’s life.  Your future is uncertain and placed in the hands of the US government.  However, when you finally do receive that call from your attorney informing you that your petition has been approved, you realize it was worth the wait.  You are now one-step closer to permanent residency in the US, and eventually US citizenship.  But what happens next?  What does an I-526 Approval Notice entail?

Once your EB-5 Visa petition has been approved, your attorney must either 1) adjust your status, or 2) initiate consular processing.  Which path your attorney takes is determined by your current location.  

By far, the easier and more convenient option is to adjust status.  However, an attorney may only adjust an Immigrant Investor’s status if the client is present in the United State at the time of the EB-5 approval and able to remain lawfully in the US during the adjustment of status filing.

For adjustment of status, timing is key.  For example, immigrant investors who are presently residing in the US on an F-1 Student Visa may adjust their status upon approval of their I-526 Petition.

The more common way for investors to complete their EB-5 process is to have the attorney initiate consular processing.  In these instances the investor is currently residing in their home country (or another country abroad) and is not present in the US at the time of their I-526 approval.

When an attorney begins consular processing for a client it originates with the National Visa Center, or NVC.  During this process the investor will be required to provide certain original documents for the attorney to present to the NVC.  After the attorney has completed their work, an appointment will be scheduled for the investor at their designated US embassy or consulate.

For more information on the EB-5 process contact our office today.

Barella Law | +1 (239) 228-2895 | kbarella@barellalaw.com | www.barellalaw.com

The Information contained in this blog is for information purposes only, and should not be considered legal advice for any individual case or situation.  The information provided is not a substitute for consultation with an attorney.  No attorney/client relationship is created by the information contained herein.