Exit USA before receiving Green Card

[BCN_CAL 0]

Dear friends hi,

I received my IV visa last week and we need to plan our trip to USA.

The problem is that I am PhD students in Spain and still one year of my study left.

And If I want to travel for the first time (in this August) I can only stay there for only two weeks.

On the one hand, I want to keep my GC. On the other hand, I want to get my doctorate from Spain before moving to USA and finding job.

Now my questions are:

1. When I entered to the USA, should I stay in USA till I receive my GC? or my uncle can receive it in his mailing address and then post it for me?

( my plan is that to stay in USA just for two weeks)

2. If I come back again to USA after 10-11 months, is studying as PhD researcher a good explanation of being outside of USA for more than 6 months?

i.e do they accept that when I want to reenter again?

3. Is it better to apply for re-entry permit (to be in the safe side)? but I heard that this re-entry permit is for two years, and I will be away just for 1 or maximum 1.5 year from USA.

Please note that:

* I am just student in Spain and I am not citizen of Spain.

* my final destination for living and working is USA, but I want to finish first my study in Spain.

* Next year (2015) I can stay in one university at USA as research stay for at least 3 months.

Thank you in advance if you can help me to answer these questions.

Best,

BCN-CAL

[Hypnos 6,576]

1) Your immigrant visa, once endorsed at CBP during your initial entry, will serve as temporary proof of a green card for up to one year. Whilst your uncle certainly can receive it on your behalf, you will not need it to re-enter the US provided you've been outside the US for less than one year when you attempt to re-enter.

2) It's possible they will waive you through with no questions asked, and it's possible that they will ask for proof that you haven't abandoned your residency if you leave for such an extended period of time. If they asked for proof of non-abandonment and you had none to offer them (no tax returns, bank account statements, property mortgage / rental payments, etc.) then they could choose to order you to appear in immigration court and ask an immigration judge to revoke your green card.

3) Yes, it's probably better, but you can only apply from within the US and you may need to attend a biometrics appointment before it can be issued. Having a re-entry permit does not guarantee you re-entry, but it does permit you to be outside the US for up to two years without automatically abandoning your residency (as is presumed in law when you are outside the US for at least one year without one). Even with a re-entry permit you may still need to show CBP proof that you have not abandoned your residency, however (see the documents I mentioned in (2)).

You can request that the re-entry permit, once issued, is sent to a US embassy in a foreign country though, so you would be able to collect it in Spain if you wished.

[BCN_CAL 0]

Dear Hypnos,

Thanks for your detailed answers to my questions.

Actually, once we arrived there we are going to open a bank account. I will also pay the tax return in the due time. And I think a document from my university might be good proof for being away. I hope these documents convince them!!!

However, since this time I stay there for just two weeks, is it possible to attend any bio-metric appointment? Is it possible I get the re-entry permit during my short stay at US?

Thanks again,

BCN-CAL

[Hypnos 6,576]

The biometrics you have taken during your initial entry may be able to be re-used by USCIS for your I-131 application, or they might require you to appear in person to have them taken again. You should receive any biometrics appointment within the first month or so after you apply.

You won't receive the re-entry permit in those two weeks, but you can ask for it to be sent to a US embassy overseas to collect it from there.

[sted 1]

Hi I am in the same situation. Hypnos I would love to hear from you that what actucally happend did you already made first landing and went back to your university... it is a situation with me due to my job and accommodation that I need to make an entry and then wanted to go back to close my business and accommodation..and it will take only couple of months more.... My question is that ...Can I use my immigrant visa posted on my passport again for re-entry after my first landing... as a green card with in 2 to 3 months.

[TBoneTX 45,469]

This thread is rather old; however, Hypnos is active on the site. You can send him a personal message with your question, or refer him to this thread.

[Chris and ZhiJia 146]

Hi I am in the same situation. Hypnos I would love to hear from you that what actucally happend did you already made first landing and went back to your university... it is a situation with me due to my job and accommodation that I need to make an entry and then wanted to go back to close my business and accommodation..and it will take only couple of months more.... My question is that ...Can I use my immigrant visa posted on my passport again for re-entry after my first landing... as a green card with in 2 to 3 months.

sted,

Hypnos was not the one making the trip, he was just the one offering information. BCN_CAL was the one making the trip, unfortunately he has not been active on the site in 4 months, you can try sending him a private message, and if he is setup to receive notifications, he should get an email that you messaged him.

[sted 1]

Thnk you Chris