U.S. immigration law for EB5 Legal Permanent Residents

Lawful permanent residents (LPRs), also known as “green card” holders, are non-citizens who are lawfully authorized to live and work permanently within the United States. Being LPRs also means that you have new rights and responsibilities to comply with the laws of that country. The following information about US immigration law for EB-5 legal permanent residents is very useful for you.

The U.S authorities may dismiss your permanent residence status under several certain conditions. You must maintain your permanent resident status if you plan to live and work in the U.S or apply for U.S citizenship in the future.

As a LPR, you must understand the U.S immigration law to:

  • Comply with the federal, state and local laws.
  • File federal, state, and, if applicable, local income tax returns.
  • Register with the Selective Service, if you are a male between 18-26 years of age. There is no military policy in the U.S, but males between the ages of 18-26 are required by law to have registered.

Maintain your permanent residence status

  • Do not leave the U.S for an extended period of time, except from the purposes of your trips is to go to school, have temporary jobs or take care of your family members). If you will be out of the U.S. for more than 12 months, your permanent resident card cannot be accepted to enter into the U.S any more.
  • If any delays prevent you from backing to the U.S, you should prepare your explanation(s) for your delay.
  • If you are out of the U.S. for more than 12 months, you should apply for a re-entry permit before leaving the country by filing Form I-131. A re-entry permit is valid for up to two years.You may show the re-entry permit, instead of your Permanent Resident Card, at a port of entry.

In addition, you should take notice that:

  • Always bring your documents showing your permanent resident status, including passports, green cards, birth certificates, marriage certificates, divorce certificates, high school or college diplomas, and/or training certificates.
  • When moving, you must report your new address via online or by mail to USCIS within 10 days.
  • Understand the rights and responsibilities of a permanent resident towards the community activities. You should learn about the culture, history and government of the U.S by attending adult education classes and reading local newspapers.

The permanent resident card is valid for 10 years and you must renew it residence starting 6 months before the end of the permanent status period or if you wish to change your name. To replace or renew your Permanent Resident Card, you must file Form I-90, Permanent Resident Card Replacement Form, and pay fees to USCIS. If you are a conditional permanent resident under the category of marriage or business, this card is valid for 2 years. If you are a permanent resident who obtained status through marriage, you must file Form I-751; and those who obtained status through entrepreneurship must file Form I-829 to remove the conditions on your residence starting 90 days before the end of the two year conditional permanent status period.

Information on US immigration law for EB-5 permanent residents compiled by the RSCC based on the US Citizenship and Immigration Services (USCIS) documents will help investors comply with the law and the opportunity to become U.S. citizen.

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