minimum stay in USA after granted Green Card

[Q04982004 0]

Hi

My mother has lodged a partition to sponsor me from Australia to USA.

It is estimated that I should be able to migrate to USA in year 2014 assume that there are no issues with my partition.

Can anyone please advise :

1. Once Green Card is granted for me, how soon do I need to move to USA ?

2. Is the minimum stay in USA 6 months ? Is it a consecutitive 6 month stay once I move to USA ?

3. Once I stay in USA for the minimum period, can I move back to Australia to work ? When do I have to move back to USA to live again if I work in Australia or any other countries ?

Thanks very much.

Q04982004

[TimeTravel 78]

1. Once Green Card is granted for me, how soon do I need to move to USA ?

You will be granted IV Visa. It is valid for 6 months from the date of issue. Green Card is granted once you have entered in USA, and it takes few weeks to get at your mailing address.

2. Is the minimum stay in USA 6 months ? Is it a consecutitive 6 month stay once I move to USA ?

When you apply for IV visa, thats mean that you want to keep your ties with USA. If you are not much interested to stay in USA, then IV visa is not an option for you.

3. Once I stay in USA for the minimum period, can I move back to Australia to work ? When do I have to move back to USA to live again if I work in Australia or any other countries ?

Seems like that you have more responsibilities in Australia. I dont know why you applied for IV Visa when you dont wish to keep your ties in USA.

[Leatherneck 693]

You should take a few minutes to read this http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

and this

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

[Penguin_ie 5,997]

**** Moving from CR-1 spousal visa to Bringing Family of USC ****

As mentioned, a greencard is for residing in the USA. If you work abroad regularly, you may be in danger of loosing your greencard, but if you spend more time inside the USA than outside in any rolling year, you should be ok.

[benuk 18]

Hi

My mother has lodged a partition to sponsor me from Australia to USA.

It is estimated that I should be able to migrate to USA in year 2014 assume that there are no issues with my partition.

Can anyone please advise :

1. Once Green Card is granted for me, how soon do I need to move to USA ?

2. Is the minimum stay in USA 6 months ? Is it a consecutitive 6 month stay once I move to USA ?

3. Once I stay in USA for the minimum period, can I move back to Australia to work ? When do I have to move back to USA to live again if I work in Australia or any other countries ?

Thanks very much.

Q04982004

Why bother!

[Dave&Roza 748]

:thumbs:

Why bother!

:thumbs:

Wait until you are ready to live in the US as a PERMENT resident not as a tourist. Why go to all the trouble and expense?

Dave

[BBCC 16]

Hi

Can anyone please advise :

2. Is the minimum stay in USA 6 months ? Is it a consecutitive 6 month stay once I move to USA ?

The rules for a permanent resident of the US (Green Card Holder) is a re-entry permit is required if you will be out of the US longer than 12 months.

You must apply for this prior to departing the US. You must have valid reason for doing so.

If you are gone less than six months, it is unlikely to cause any scrutiny at re-entry.

If you are gone more than six months, there is a possibility that the CBP officer at entry may scrutinize your trip abroad and request more details.

If he believes you are residing abroad, you risk losing your permanent residency status.

3. Once I stay in USA for the minimum period, can I move back to Australia to work ? When do I have to move back to USA to live again if I work in Australia or any other countries ?

If you leave the US for more than six months and less than 12 months and you appear to be living abroad, you might lose permanent residency status.

A friend of mine returned to US after 14 months in Montreal last year. The CBP officer confiscated the green card. After appearing upset, the officer returned the green card and told them to never again leave the US for more than a year. He was VERY lucky. This could also happen for absences more than six months.

The point I'm trying to make here is if you are gone less than six months, than you probably won't have any problem.

As you can see, the longer you are gone, the risk of losing your status changes.

Once you are gone for more than 12 months, it becomes likely you will lose the status.

All of this behavior on the part of the CBP officer varies and is subjective to circumstances, time of day and the mood of the officer as they have complete discretion and so there are no concrete answers for longer absences.