Comment: Conditional Not Temporary

Some immigration attorneys are describing the Green Cards received by investors filing I-526s as "Temporary Green Cards" This is false, misleading and counter-productive. The correct term is "Conditional Green Card".

The impression left by "Temporary Green Card" is that the conditional Green Card is less than a regular Green Card--which it is not. Anyone on a Conditional Green Card has all the rights and obligations of a regular Green Card. The only difference is that in approximately two years, the conditions need to be removed by showing creation of 10 jobs per investor planned for in the business plan filed along with the I-526. There is only one other kind of Green Card which is "Conditional"--and that is the Green Card issued as a result of marriage to a US citizen. Just like an investor Green Card, conditions on marriage Green Card need to be removed (by showing a bona fide marriage). The habit of some immigration attorneys of describing the Green Card as "Temporary Green Card" victimizes investors by giving them a sense of being unsettled, and a false impression that their Green Card would automatically expire in time--which is what "Temporary" means (as a matter of fact, all Green Cards expire at some point in time, in which case ALL green cards are "temporary", however not all green cards are conditional). No immigration attorney would tell a spouse of a US Citizen that their Green Card is temporary--and would simply tell them that they will help them remove the conditions on their Green Card in time. They should do investors the same courtesy as spouses of US citizens, and explain the nature of "Conditionality" to the investors--and not use the false, misleading, alarming and counter-productive short-hand term "Temporary" for it. In our experience, investors interpret a "temporary" green card as NOT permitting them to work lawfully in the US and/or as NOT permitting them to travel outside the USA, both of which are an erroneous understanding of what is a conditional GC obtained subsequent to a I-526 approval.

Many RCs also use this term "Temporary Green Card" which unnecessarily spooks their potential investors and hurts their capital raising efforts. The concept of "Conditional Green Card" may take a few more sentences to explain--but those additional sentences, correctly naming the nature of the Green Cards are not only more factual, but more educational and more reassuring for investors. We urge everyone in the EB-5 industry to use the correct term "Conditional Green Card" and relegate the term "Temporary Green Card" permanently and deservedly to the dust heap.

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Focus: Taiwan EB5 Expo

May 8, 2019 — Taipei

  • Taiwan is one of the larger EB5 Markets, with about 150 investments per year raised
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For more information, please call (212)545-0818 or email webmaster@ilw.com or click here.

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