After I-526 petition approval, an EB5 investor is able to apply for conditional permanent resident status, which is valid for two years. At the end of this period an investor can file Form I-829 and, if approved, obtain permanent resident status. This status must be renewed every ten years. Additionally, EB5 investors can apply for U.S. citizenship after five years as a lawful permanent resident. In order to maintain permanent resident status, the green card holder must abide by the law and demonstrate that they have made the United States their place of residence.
Permanent residents who remain outside the United States for extended periods of time, or who cannot demonstrate their intent to permanently live in the United States, may be considered to have abandoned their status. This can ultimately lead to losing permanent resident status. To avoid such issues, investors can apply for a re-entry permit, which is valid for two years. A re-entry permit establishes that an investor does not intend to abandon their permanent resident status, even while traveling abroad for longer periods of time.
It is an investor’s responsibility as a permanent resident to obey all U.S. laws, including local laws. Engaging in or being convicted of certain crimes may result in removal from the U.S. or prevent an investor from obtaining U.S. citizenship; in particular, either “a crime of moral turpitude” or an “aggravated felony”.
Permanent residents must file income tax returns as a resident and report all worldwide income to the Internal Revenue Service (IRS) and their state, city, or local tax department, if required. An investor may be considered to have abandoned their permanent resident status if they: fail to file income tax returns while living outside the United States for any length of time; file as a “non-resident” on their tax returns.
Male permanent residents between the ages of 18 and 25 must register with the U.S. Selective Service, which informs the U.S. government that they are available to serve in the U.S. Armed Forces.
Every time a permanent resident moves, they are required to notify the Department of Homeland Security (DHS) of their new address. To do so, they must file Form AR-11, Alien’s Change of Address Card, within 10 days of their move.
