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How long do I have to live in the U.S. in order to maintain
USINFO | 2013-12-04 10:29
How long do I have to live in the U.S. in order to maintain my conditional and permanent Green Card?
The purpose of the Green Card is for the immigrant investor and accompanying family members to establish residency in the U.S. Therefore, immigrant investors will demonstrate their intent to permanently reside in the U.S. by establishing as many ties with the U.S. as possible. This would include obtaining a Social Security number, opening bank accounts, obtaining a driver’s license, renting or buying a home, enrolling minor children in U.S. schools, starting a business or obtaining employment in the U.S., paying state and federal income tax, among other activities. The longer the immigrant investor and accompanying family remain physically present in the U.S. and establish the necessary ties, the less likely that the USCIS would be able to argue that U.S. residency has been abandoned.
This does not mean that immigrant investors cannot travel abroad. It simply means that immigrant investors should be diligent in establishing the necessary ties to demonstrate their intent to reside permanently in the U.S. Generally, it is advisable that absences from the U.S. should not exceed more than 6 consecutive months. Immigrant investors may continue to work and live abroad, as long as they establish the necessary ties and travel frequently to the U.S. In some cases, an immigrant investor can apply to the USCIS for a re-entry permit which allows absences from the U.S. for up to 2 years without jeopardizing the conditional or permanent Green Card.
Because all cases differ, immigrant investors should consult with their legal counsel on this issue.
The purpose of the Green Card is for the immigrant investor and accompanying family members to establish residency in the U.S. Therefore, immigrant investors will demonstrate their intent to permanently reside in the U.S. by establishing as many ties with the U.S. as possible. This would include obtaining a Social Security number, opening bank accounts, obtaining a driver’s license, renting or buying a home, enrolling minor children in U.S. schools, starting a business or obtaining employment in the U.S., paying state and federal income tax, among other activities. The longer the immigrant investor and accompanying family remain physically present in the U.S. and establish the necessary ties, the less likely that the USCIS would be able to argue that U.S. residency has been abandoned.
This does not mean that immigrant investors cannot travel abroad. It simply means that immigrant investors should be diligent in establishing the necessary ties to demonstrate their intent to reside permanently in the U.S. Generally, it is advisable that absences from the U.S. should not exceed more than 6 consecutive months. Immigrant investors may continue to work and live abroad, as long as they establish the necessary ties and travel frequently to the U.S. In some cases, an immigrant investor can apply to the USCIS for a re-entry permit which allows absences from the U.S. for up to 2 years without jeopardizing the conditional or permanent Green Card.
Because all cases differ, immigrant investors should consult with their legal counsel on this issue.
