Can I apply for reentry if I stay outside the US for more than 1 year?

United States immigration has specific rules for permanent residents, and these rules are important even in the context of the EB-5 visa. If you are an investor who obtained a green card through the EB-5 program, it is crucial to observe the residency requirements to maintain your status. A prolonged absence from the country can impact your reentry and, in some cases, be interpreted as abandonment of residence.

If a permanent resident (including EB-5 investors) stays outside the United States for more than one year without having obtained a Reentry Permit, there is a higher risk that immigration authorities will consider that you abandoned your residency. In this situation, when trying to reenter, you may be asked to prove that your absence from the country was temporary and that you maintained significant ties to the United States.

In some cases, it may be necessary to apply for a returning resident visa (SB-1), but this process requires concrete evidence that your intent has always been to maintain permanent residence in the country. It is important to emphasize that if you plan to stay outside the United States for more than one year, the best practice is to apply for a Reentry Permit before leaving the country.

This document allows you to remain outside for up to two years without your permanent residence being considered abandoned. Taking this measure shows your commitment to maintaining the status and can prevent future complications upon your return.

We reiterate the importance of strictly following immigration laws and seeking information from reliable sources. Always consider consulting specialists or reputable companies in immigration for personalized guidance, but be wary of promises that guarantee results or lead to hasty decisions. Avoiding scams and misleading marketing campaigns is essential to protect your interests and immigration status.

Staying well informed and acting preventively is the best strategy to ensure that your investments and residence in the United States remain secure.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.