Question:
Once I get my I-526 approved, do I have to live in the United States permanently? All of my family is in China and I would like to be able to go back to visit them, as well as to check up on my business there. Do I have to wait a certain amount of time before I can leave the U.S./go on a vacation? Is there a limit on how long that trip can be?
Answers:
Once the I-526 petition is approved you will then have to attend an interview at the U.S.consulate to obtain your conditional permanent residency. Conditional permanent residency means it is your intent to permanently reside in the U.S. and spend most of your time to live and work in the U.S. You are permitted to leave the U.S. for temporary periods of time to visit family and friends, and for business trips. If you leave the U.S. for more than 6 months then upon your return to the U.S. the U.S.Customs and Border Protection inspectors at the airport may ask questions and ask for proof of your permanent ties to the U.S., as there is a presumption that you may have abandoned your conditional permanent residency. In addition, once you have obtained your conditional permanent residency you may leave the U.S. soon thereafter for a temporary visit to China.
The end result of a successful EB-5 Immigration process is, first, conditional permanent residency and, second, full permanent residency. This does not mean that you are completely prohibited from travel outside the U.S., but you will need substantial and permanent ties to the U.S. to keep the proper status (residence, taxes paid) and to limit travel outside of the U.S. to amounts acceptable to USCIS.
Retaining qualified U.S. Immigration counsel, like the attorneys at our law firm, can help and assist you with creating an approvable immigration plan.