EB-5 Immigrant Investor Program from Taiwan: Physical Presence Requirements

[TonyB66 2]

My Taiwanese sister-in-law who resides in Taiwan with her family is pursuing US citizenship via the EB-5 Immigrant Investor Program.

 

As I understand, they just completed the interview in Taiwan's AIT or American Institute in Taiwan (embassy-like) and their DS-260 has been approved.  I believe that now makes them conditional permanent residents for two years.

 

1. What exactly are the "physical presence requirements"? during this two year period?  I'm hearing conflicting information...

 

2. When does the two years start and is there any flexibility in that respect?  They, as I'm sure many can appreciate, are not keen about going on an airplane these days due to the pandemic.

 

Thanks.

[Crazy Cat 41,981]

This might be helpful:  https://www.eb5insights.com/2014/06/18/residency-requirements-for-green-card-maintenance-and-naturalization/#:~:text=In addition to the “continuous,five-year period before applying.

[igoyougoduke 1,662]

she isnt a conditional permanent resident until you pass through US CBP. She has an immigrant visa at this point

 

1) physical presence ?  https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

2) two years starts from the day of landing in US.

[TonyB66 2]

Thank you both!  Lucky Cat, thanks for your service.

 

Ok, so the two year clock starts ticking upon arrival into the US (pass through US CBP).  With that, it sounds like if they wanted to wait until next spring, hopefully with the pandemic more under control, maybe even a vaccine readily available, they can do so without jeopardizing their application.  I imagine they can't just wait indefinitely though, right?  To be clear, if it were not for the pandemic, they would likely be making travel plans to the US today...

 

That all said, contrary to this understanding, they were informed that they should or must enter the US by Jan 21st.  Any reason to believe why such would be said?  I couldn't find anything along those lines...  They also heard, possibly related to that question, that they should not take their time because if there is a new US president/administration, the program might materially change or even disappear.  I checked, and it looks like the inauguration is to be on Jan 20, 2021.  I tend to think that those in the EB-5 pipeline would be permitted to proceed, but not sure...

 

So, they are operating under the belief the should or must come-out to the US by then, which conflicts with what they would prefer, ideally waiting until safer times.

 

Thanks again!

 

 

[igoyougoduke 1,662]

when does the immigrant visa expire on their passport ? that should be the deadline. usually i think its up to a year for them to enter from the day of issued. 

 

EB5 visa holders are exception under the recent ban. no restrictions to enter USA any time before visa expiry. if it does than consulates need to provide a new visa for them to enter 

[TonyB66 2]

26 minutes ago, James120383 said:

when does the immigrant visa expire on their passport ? that should be the deadline. usually i think its up to a year for them to enter from the day of issued. 

 

EB5 visa holders are exception under the recent ban. no restrictions to enter USA any time before visa expiry. if it does than consulates need to provide a new visa for them to enter 

James, thanks again.  I'm understanding more...  This is a very helpful forum!

 

It seems that she doesn't yet have her passport back from AIT, and with that doesn't know the visa expiration date.  Would be great if it was a year out!

 

I would like to think that if she asks they would tell her, so at least they can start planning in the interim, until she or they get back their passports back.  If for example the visa is only six months, and maybe why that Jan date was mentioned, is there a provision by which they can request a later expiration date, like for one year instead?

[igoyougoduke 1,662]

30 minutes ago, TonyB66 said:

James, thanks again.  I'm understanding more...  This is a very helpful forum!

 

It seems that she doesn't yet have her passport back from AIT, and with that doesn't know the visa expiration date.  Would be great if it was a year out!

 

I would like to think that if she asks they would tell her, so at least they can start planning in the interim, until she or they get back their passports back.  If for example the visa is only six months, and maybe why that Jan date was mentioned, is there a provision by which they can request a later expiration date, like for one year instead?

no . you are expected to be in the US by the expiry date. you cannot make a request like that. if it expires that you go and apply again and explain the circumstances. honestly i would just enter US and trigger the green card status. you can always go back once you have the card.

[TonyB66 2]

On 8/20/2020 at 4:14 PM, James120383 said:

no . you are expected to be in the US by the expiry date. you cannot make a request like that. if it expires that you go and apply again and explain the circumstances. honestly i would just enter US and trigger the green card status. you can always go back once you have the card.

James, thank you, and sorry for the delayed response.  We are in California and due to the fires were evacuated.  Back home, thankfully...

 

The green card status is initiated upon successful entry into the US.  As I understand, that is when the two year clock begins; and that they must reside in the US for at least one of those two years. 

 

They have two children in elementary school in Taiwan.  Since it seems that they too must come to the US while the visa is active (six month duration), they will be missing school.  How long does it take to get the green card?  You state that they can return to Taiwan once they have the green card.  Would be great if they can come to the US and get the green card very quickly, then promptly return to Taiwan, missing minimal school.  After the school year ends in mid-2021, return to the US and take-up a lasting residence to meet the requirements.  Hopefully that sounds viable...

 

Thanks!

[igoyougoduke 1,662]

7 hours ago, TonyB66 said:

James, thank you, and sorry for the delayed response.  We are in California and due to the fires were evacuated.  Back home, thankfully...

 

The green card status is initiated upon successful entry into the US.  As I understand, that is when the two year clock begins; and that they must reside in the US for at least one of those two years. 

 

They have two children in elementary school in Taiwan.  Since it seems that they too must come to the US while the visa is active (six month duration), they will be missing school.  How long does it take to get the green card?  You state that they can return to Taiwan once they have the green card.  Would be great if they can come to the US and get the green card very quickly, then promptly return to Taiwan, missing minimal school.  After the school year ends in mid-2021, return to the US and take-up a lasting residence to meet the requirements.  Hopefully that sounds viable...

 

Thanks!

it can take up to 3 months ( worst case scenario). you can always apply reentry permit with your green card so you can stay for up to 2 years outside US. 

[TonyB66 2]

12 minutes ago, James120383 said:

it can take up to 3 months ( worst case scenario). you can always apply reentry permit with your green card so you can stay for up to 2 years outside US. 

Appreciate the response James.  Wish there was a better way for their children as they seemingly would miss up to three months of school.  Not sure what to tell their schools and teachers about how much time they will miss.  Would be nice if the entire family, namely the kids, didn't have to be here for the green cards to be issued.

 

Thanks again for the help.

[igoyougoduke 1,662]

yeah not much you can do. its the law 

[Crazy Cat 41,981]

8 hours ago, TonyB66 said:

You state that they can return to Taiwan once they have the green card. 

They can return to Taiwan IMMEDIATELY after US entry.  The endorsed visa serves as a full-fledged Green Card until the plastic one arrives.  Some new immigrants do this to tie up loose ends for a few weeks or months.

Edited August 27, 2020 by Lucky Cat

[TonyB66 2]

44 minutes ago, Lucky Cat said:

They can return to Taiwan IMMEDIATELY after US entry.  The endorsed visa serves as a full-fledged Green Card until the plastic one arrives.  Some new immigrants do this to tie up loose ends for a few weeks or months.

Wow,  just wow.  We heard such from one of our family members in TW; and you just confirmed it.  They can come and visit for few days even, then go home and not miss too much school!  Excellent news for sure.  Thanks much.

[igoyougoduke 1,662]

5 hours ago, TonyB66 said:

Wow,  just wow.  We heard such from one of our family members in TW; and you just confirmed it.  They can come and visit for few days even, then go home and not miss too much school!  Excellent news for sure.  Thanks much.

yeah if one of the parents are in the US , iam sure you can receive the kids green cards at your home address. 

[TonyB66 2]

30 minutes ago, James120383 said:

yeah if one of the parents are in the US , iam sure you can receive the kids green cards at your home address. 

So, the whole family can't return, one parent must must remain here in the US?  If so, I imagine to pick-up the green cards in-person?  Would be nice if we can receive those for the entire family, but now not sure that is doable...  Thanks.