Can I have an EB-5 green card and not live in the USA?

The EB-5 visa is a pathway that allows the investor (and their family) to obtain a green card through investment in projects that create jobs in the United States. Although this program is quite attractive, it is important to understand that the green card issued through the EB-5 implies obtaining U.S. permanent resident status, which requires a commitment to establishing real ties with the country.

Generally, a green card holder is expected to establish the U.S. as their home and maintain their primary residence there indefinitely. This means that, while there is no immediate requirement for continuous residence right after approval, maintaining permanent resident status requires that you use the United States as your base, with the intention to live and maintain economic, social, and family ties in the country.

If you remain outside the U.S. for prolonged periods – typically, absences longer than six months may trigger questions at the border – it may be considered that you are not fulfilling the obligation to reside in the country. Moreover, if your intention is to live mostly abroad, there is a risk of abandonment of permanent resident status.

When the absence from the country is extended, immigration authorities may interpret that you are not effectively maintaining the necessary ties to qualify as a resident. Therefore, it is common that the green card be accompanied by records, tax filings, and other documents proving your actual presence and intent to live in the United States.

It is crucial to comply with the country”s immigration laws, since failing to do so can result in serious problems, including the loss of permanent resident status. Consulting specialized companies and qualified professionals in the area can be decisive to clarify specific doubts and ensure that you are meeting all legal requirements.

Be cautious of offers or marketing campaigns that promise miraculous results, since the process is strict and every case must be analyzed individually.

In summary, although you may, in certain situations, travel internationally and operate businesses outside the U.S., maintaining the EB-5 green card presupposes that you establish your primary residence in the United States and demonstrate commitment to life in the country. Staying well informed and seeking specialized advice are the best ways to avoid future problems and guarantee compliance with U.S. immigration requirements.

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.