Receiving your EB-5 Green Card is a major achievement. It not only marks an important milestone in your EB-5 process, but it also opens the door to a world of opportunities for you and your family in the United States.
Now that you have your Green Card, it’s important to understand what this new status means and how you can make the most of it.
This article will explore the various benefits that come with being a Green Card holder. It will also explain the responsibilities you’ll have, what you can and cannot do in the U.S., the potential for repayment of your investment, and the steps you’ll need to take if you want to pursue U.S. citizenship.
Understanding Your Rights, Responsibilities, and Limitations as a Green Card Holder
Removal of Conditions on Your EB-5 Green Card
Pursuing U.S. Citizenship Through the Naturalization Process
Embracing Your New Life
Understanding Your Rights, Responsibilities, and Limitations as a Green Card Holder
As a Green Card holder, you and your immediate family members are granted numerous rights in the United States. But while Green Card may come with many benefits, there are also some important responsibilities and limitations to keep in mind.
Understanding these rights, responsibilities, and restrictions will make the whole process of acclimating to your new life in the U.S. much easier.
Residency
Once you get your conditional EB-5 Green Card valid for two years, you’ll have the right to live anywhere in the country. But it’s not just you who will reap these benefits—your family will as well. Your spouse and unmarried children under the age of 21 will be eligible for Green Cards, which allow your immediate family to join you in the United States. Keeping your family together is one of the biggest advantages of the EB-5 program.
Additionally, your children will have access to public education, and as a resident, they might qualify for in-state tuition rates at public colleges and universities. This can make pursuing higher education in the U.S. more affordable and accessible for you and your family.
Employment
Not only will you have the right to live anywhere in the country, but you’ll also be able to work for any employer, so you’re not tied to a specific company.
This freedom and flexibility can be beneficial as you try to figure out the job market in a new country. It also allows you to pursue a career that aligns with your goals and skills and adapt to new opportunities as they come up.
Travel
You are also free to travel outside the United States. It’s important, though, to be mindful of how long you stay abroad.
If you plan on being outside the U.S. for more than six months or a year, you should be sure to apply for a re-entry permit to safeguard your status, as this permit will allow you to keep your residency while you explore opportunities or visit family in your home country.
Responsibilities
As a permanent resident, you are also imparted with certain responsibilities.
These responsibilities include obeying all U.S. laws, filing your income tax returns and reporting all income to the IRS and state tax authorities, and supporting the nation’s democratic form of government. You will also be required to register with the Selective Service if you are a male between the ages of 18 and 25.
Limitations
Understanding your limitations as a Green Card holder is just as important as knowing the benefits.
Notably, you can’t vote in federal or state elections, nor can you run for elected office or hold certain government jobs that require U.S. citizenship.
In terms of travel, you can enter and leave the U.S., just like a citizen. However, as mentioned above, it’s important to avoid lengthy absences that could raise questions about your intentions to maintain your permanent residency. Long trips outside the U.S. can potentially lead to problems during the renewal process of your Green Card, so be sure to plan your travels wisely.
Removal of Conditions on Your EB-5 Green Card
After obtaining your conditional Green Card, you can live, work, and study freely in the U.S. However, to become a full permanent resident, you need to remove the conditions on your Green Card after two years. For this, you will file a Form I-829 with the United States Citizenship and Immigration Services (USCIS), demonstrating that your investment met all EB-5 program requirements and created the necessary jobs.
Once your Form I-829 is approved, you’ll become a permanent Green Card holder without conditions. If you file on time, your permanent resident status will remain valid while your petition is being processed.
An important part of the EB-5 investment program is the potential return of your capital. If you invest in a successful project, you can expect to receive your investment back after a set period of time.
It’s important to choose a reputable regional center with a strong track record to increase the likelihood of repayment. Understanding the specifics of your investment is also crucial. You should engage regularly with your regional center to monitor the project’s progress and any developments that could affect your investment.
Pursuing U.S. Citizenship Through the Naturalization Process
Once you’ve had your Green Card for five years, you can choose to pursue U.S. citizenship through the naturalization process. This requires careful planning and understanding all the requirements involved.
First, to qualify for naturalization, you have to maintain continuous residency in the U.S. for five years preceding your application. As noted above, to meet this standard of continuous residency, try to avoid long absences from the country. USCIS expects you to have established a primary residence in the U.S. during this time, and extended trips abroad might make them question whether your residency has been continuous.
When you’re ready to apply, you’ll need to file Form N-400, Application for Naturalization. This form requires you to provide documentation that proves your residency and good moral character. You will also need to demonstrate your understanding of U.S. history and government, which is typically assessed through a civics test.
Most applicants also have to take an English language test unless they qualify for an exemption. Learning about U.S. history and government will likely help you prepare for this.
Once your application is processed, you’ll be scheduled for an interview with a USCIS officer who will review your application. This interview is when you will take the citizenship test on the above criteria.
If your application is approved, you’ll receive an invitation to a naturalization ceremony where you will take the Oath of Allegiance and officially become a U.S. citizen.
Embracing Your New Life
Receiving your EB-5 Green Card is just the beginning of your new life in the United States. By understanding your rights and responsibilities, taking advantage of all the available benefits, and preparing for citizenship, you can fully embrace this chapter in your journey.
And we at EB5AN can help guide you through this new chapter. EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and we offer our clients first-rate, low-risk EB-5 regional center projects with 100% USCIS project approval to date.
If you have questions about the EB-5 process or need personalized guidance, feel free to book a one-on-one call with our EB-5 team.