USA permanent residency or Green Card is an immigrant status that allows foreign migrants to permanently live and work in the United States. Those who obtain lawful permanent residency are given a Permanent Resident Card, also known as Green Card.

Through the EB-5 project, applicants can become “Permanent Residents” and get a Green Card in United States after their I-526 application has been approved by USCIS. In the meantime, they can use a Travel visa to visit the United States.

On This Page: Filing for Adjustment of Status | Residency rules

Adjustment of status

The Immigrant investor if already in the United States can file for “Adjustment of status” within the United States by filing Form I-485 to become U.S. Conditional Permanent Resident. Otherwise the visa applicants who are not already in the United States upon approval of their I-526 form have to file the DS-260 application to obtain the conditional permanent residency status during the visa process. It can be filed by EB-5 applicants or by an Attorney practicing Immigration law at a U.S. consulate or embassy abroad. It requires an interview at the U.S. consulate or embassy.

However, upon commencement of green card through investment they become conditional two-year permanent residents instead of full permanent residents at this step of the EB-5 visa process. This enables the applicant’s Immigration to the United States to oversee their EB-5 investment for a two year period. At the end of this period, the investor then applies for full permanent residency or full EB5 green card by filing the I-829 application for Removal of Conditions. Once the Removal of Conditions on EB5 Green Card is accepted then the investor, their spouse and their unmarried children under the age of 21 can permanently live and work in the United States for the rest of their lives. If the investor holds the Green Card for at least 5 years, and meets the following requirements:

  • Be 18 years or older at the time of filing.
  • Have continuous residence in the United States as a Green Card holder for at least 5 years immediately preceding the date of filing the application.

They can also apply for naturalization of Green Cards as per the United States nationality law.

Rights of Permanent Residents (Green Card Holders) –

  1. Ability to live and work anywhere in the United States.
  2. Access to a world class education system.
  3. Access to medical care.
  4. Ability to travel outside of the United States.
  5. Option to obtain the US Citizenship.
  6. Permanent residents are fully protected by all federal, state and local U.S. laws.

Responsibilities of Permanent Residents –

  1. Pay applicable local, state and federal taxes.
  2. Fulfill the physical presence requirements.
  3. Male Permanent Residents between the ages of 18 and 25 must register with Selective Service.
  4. Demonstrating a good moral character.

Permanent residency rules

U.S. citizenship and Permanent residency are not the same and should not be confused. Permanent residents are not permitted to hold U.S. passports. They remain nationals of their home country of citizenship. The permanent residents are not permitted to vote in U.S. elections or run for Office. Citizens may have an easier time bringing their family members to the United States and have greater access to federal jobs. Citizens are also eligible for more federal assistance and benefits programs such as medical care and Social Security. Permanent residents are subject to physical residence requirements whereas the citizens are not. Permanent residents can lose their residency status if they remain outside of the United States for over an year without obtaining a proper re-entry permit. In order to enjoy the rights of Americans, permanent residents must file for citizenship through USCIS. Permanent residents are typically able to file for full citizenship after being in the United States for a period of five years.

EB5 BRICS is here to help guide you to US citizenship by investment. We have helped many families successfully navigate the EB5 immigration landscape. Our experts can answer your questions about EB5 visa cost, Direct Investment Options, EB 5 Visa Waiting Time, what is EB-5 Regional Center?, and more, as well as explain the EB-5 process step by step

Make an appointment for a one-on-one meeting to Meet Vivek Tandon, Esq a US Lawyer and Investment Banker. Contact us for more information.