I have a family of a wife and 2 daughters, ages are 8 & 4 yrs. I would like to know if during the 2-Year Conditional Permanent Residency if only I, the petitioner and investor, or the whole family (wife and 2 daughters) will be required to fulfill physical presence requirements?
Posted by Andre Curado on Nov. 11, 2019 12:00 am
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Answered On Sep. 17, 2019 12:54 am
Any lawful permanent resident must each fulfill physical presence requirements. It will be important that you and each member of your family have the intent to reside in the U.S. permanently. If you do not have the intent to permanently reside in U.S., a resident can lose their resident status...
Any lawful permanent resident must each fulfill physical presence requirements. It will be important that you and each member of your family have the intent to reside in the U.S. permanently.
If you do not have the intent to permanently reside in U.S., a resident can lose their resident status based on one's actions, even with frequent visits to the country. You can have other places where you have a residence, but U.S. residence must be the permanent one.
In general, a lawful permanent resident should not be away from the U.S. for more than 1 year. But it is usually my recommendation to not have an absence of more than 6 months. This is because there is an impact if a resident seeks U.S. citizenship (for EB-5 investors, that would be 5 years from Day 1 as a resident) then they should not have an absence exceeding 6 months or else the continuous residence requirement for naturalization applications can be affected.
Even if a resident is absent for less than 1 year, it could be required to prove that the U.S. is still your primary residence. I can guide you about what is required and how to maintain residence.
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