What is a Conditional Green Card? Our experienced California EB-5 Attorneys Explain.

Many foreign investors will want to know how long they have to wait before they can receive a green card. The answer is not simple, as granting permanent residence is done in a series of steps, each with a probationary period in between.

Here is a typical path from EB-5 visa to permanent U.S. residence:

  • Conditional green card. After an investor’s I-526 petition has been approved, the investor will be granted a visa to live and work in the U.S. The investor will be granted a conditional green card upon his admission to the U.S., meaning he must adhere to all of the business requirements of the EB-5 visa, as well as maintaining all legal requirements while he and his family are in the country.
  • Waiting period. All immigrant investors, as well as their spouses and dependent children, must maintain the requirements of their conditional permanent residence for two years. Within 90 days of the two-year period, the investor must provide evidence to USCIS that his EB-5 business has created the required number of jobs, invested the minimum amount of capital, and met the economic standards of the EB-5 program.
  • Unrestricted green card. If USCIS agrees that all of the EB-5 business conditions have been met, the investor and his family will have lawful permanent residence in the U.S.

Unfortunately, many foreign investors will meet resistance when attempting to prove their EB-5 businesses have met requirements. The rules for regional center investments and new businesses differ greatly, and gathering the necessary evidence in time to meet the filing deadline can be extremely difficult. If USCIS decides that the business requirements were violated or that sufficient evidence was not provided, the entrepreneur's residence may be terminated and deportation proceedings may begin.

At Jatoi & de Kirby, A.P.C., we know that the immigration investment process can be a long and difficult one. That’s why we offer experienced advice from our team of attorneys before you apply for permanent residence, helping you meet necessary deadlines and make the right decisions for you and your family.

Contact us for more information.