DV Lottery - Delaying settlement

[AnthonyLondon 0]

Hi everyone,

 

First, thanks in advance for your help & time

 

I'd like to ask for some advice:

- I have won the Green Card lottery, but haven't moved yet

- I went to the US in October 2017 of last year (for my first entry), and got my temporary VISA stamped (which gave me a 1-year temporary Green Card)

- I went back to Europe

- My Green Card was sent to my friend's address where I intend to settle (unless I settle in a different city in the end)

 

As I understand it, in theory, I would need to move to the US by October 2018 at the latest, but I desperately need more time to tie up loose ends here, for personal and professional reasons (ideally until the end of 2019).

 

> Should I contact the embassy to explain my case, and would they understand it? Or do I have no choice but to move to the US by October 2018, or forfeit my Green Card permanently?

 

I've heard about the re-entry permit, but it seems complicated at it would mean that I would need to spend at least a month in the US...

 

I definitely intend to settle in the US... But I just need a bit more time. At this stage I'm just not sure of what would be the best course of action.

 

Thanks for your help,

Anthony

[AnthonyLondon 0]

I have also read those 2 threads which contain similar questions:

 

 

[Boiler 43,437]

A year seems a long time they seem to accept new immigrants may have some things to tidy up, when do you intend moving?

[AnthonyLondon 0]

5 minutes ago, Boiler said:

A year seems a long time they seem to accept new immigrants may have some things to tidy up, when do you intend moving?

Thanks Boiler, ideally around September 2019

[Boiler 43,437]

That certainly seems pushing it, difficult to say, might need a SB1 and a really impressive reason.

[SusieQQQ 11,584]

3 hours ago, AnthonyLondon said:

Hi everyone,

 

First, thanks in advance for your help & time

 

I'd like to ask for some advice:

- I have won the Green Card lottery, but haven't moved yet

- I went to the US in October 2017 of last year (for my first entry), and got my temporary VISA stamped (which gave me a 1-year temporary Green Card)

- I went back to Europe

- My Green Card was sent to my friend's address where I intend to settle (unless I settle in a different city in the end)

 

As I understand it, in theory, I would need to move to the US by October 2018 at the latest, but I desperately need more time to tie up loose ends here, for personal and professional reasons (ideally until the end of 2019).

 

> Should I contact the embassy to explain my case, and would they understand it? Or do I have no choice but to move to the US by October 2018, or forfeit my Green Card permanently?

 

I've heard about the re-entry permit, but it seems complicated at it would mean that I would need to spend at least a month in the US...

 

I definitely intend to settle in the US... But I just need a bit more time. At this stage I'm just not sure of what would be the best course of action.

 

Thanks for your help,

Anthony

The embassy won’t be intereeted in you pleading your case; there are set procedures in place for approaching things. It’s not “in theory”, absent a reentry permit it is in fact. Unfortunately a reentry permit is really your only option at this stage. I can’t see a SB1 visa succeeding, professional reasons do not count as unavoidable reasons to return. You’d need to figure out if the hassles involved in getting a reentry permit are worth keeping your green card, or if you’ll sacrifice it. Unlike some other countries, a green card does not function as a super visa or give huge leeway: you’re expected to move to the US as soon as you can and establish residence properly. 

 

By by the way, did you file a 2017 tax return with the IRS?

[Jojo92122 1,924]

You are not using your green card for the purpose of living in the US.

 

Your green card is at risk as long as you are not actually living in the US.

[EmilyW 1,222]

Go back to the US and get a re-entry permit.  Then you can tie up the loose ends for another two years.

[AnthonyLondon 0]

Thanks a lot for your answers.

 

I found on this website the following: "Until you are ready to completely move to the USA, you must travel to your favorite place in the USA every year (at least once every 364 days). If applied for, you may even spend 2 years outside of the USA without losing your status. After 3 years at the latest, you should decide on if you want to permanently move to the USA. Naturally, we are only too glad to give you comprehensive support on this topic and the legalities of having this immigration visa. We are even here for you – free of charge – long after you receive your Green Card!"

 

@SusieQQQ I also read from your post here the following:

On 08/05/2017 at 2:51 AM, SusieQQQ said:

There's no problem staying out longer than 6 months - just don't do it repeatedly. This is very common for DV winners who unlike family visas have not had years to get ready for the move! Like Emily, we stayed out much longer than 6 months.

and if your husband is staying in the US the whole time you can certainly use that to show ties!!

 

Which is why I was under the impression that crossing the 1 year line would be feasible, but I perfectly understand your comments.

[Jojo92122 1,924]

10 minutes ago, AnthonyLondon said:

Thanks a lot for your answers.

 

I found on this website the following: "Until you are ready to completely move to the USA, you must travel to your favorite place in the USA every year (at least once every 364 days). If applied for, you may even spend 2 years outside of the USA without losing your status. After 3 years at the latest, you should decide on if you want to permanently move to the USA. Naturally, we are only too glad to give you comprehensive support on this topic and the legalities of having this immigration visa. We are even here for you – free of charge – long after you receive your Green Card!"

 

@SusieQQQ I also read from your post here the following:

 

Which is why I was under the impression that crossing the 1 year line would be feasible, but I perfectly understand your comments.

Should you be relying on a random web site to plan your immigration future?  It's really nice that they will help you for free without charge for up to 3 years.  Sounds almost too good to be true.  

 

Go to the USCIS website.  What you described will not be found in there.  

[Boiler 43,437]

[SusieQQQ 11,584]

1 hour ago, AnthonyLondon said:

Thanks a lot for your answers.

 

I found on this website the following: "Until you are ready to completely move to the USA, you must travel to your favorite place in the USA every year (at least once every 364 days). If applied for, you may even spend 2 years outside of the USA without losing your status. After 3 years at the latest, you should decide on if you want to permanently move to the USA. Naturally, we are only too glad to give you comprehensive support on this topic and the legalities of having this immigration visa. We are even here for you – free of charge – long after you receive your Green Card!"

 

@SusieQQQ I also read from your post here the following:

 

Which is why I was under the impression that crossing the 1 year line would be feasible, but I perfectly understand your comments.

The first quote is basically nonsense and playing with fire, ignoring that the concept of residence (required for maintaining a green card) goes well beyond touching down once a year - see the uscis pages on maintaining residence. The “if applied for” refers to a reentry permit.

You misinterpreted mine - and I specifically said more than 6 months, nowhere have I ever said more than a year at a time is fine. If you’d read the question I responded to, it was asking if a 7 month absence would be ok. A year is more than enough for most people to tie things up and again, if it isn’t for you, get a re-entry permit.

Edited July 11, 2018 by SusieQQQ

[SusieQQQ 11,584]

By the way that website you quoted starts off factually incorrectly by saying DV2020 winners have to enter by the end of DV2020. Totally untrue.

and then of course the website shows its true colors by offering a 26% discount if you enter now!! Discount to what, one asks, when entering DV is free and the DV2020 entry period only opens (assuming DV still exists) in October? ...not exactly a website you want to trust.

 

here is the official stuff, read it well

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

In particular

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status.  A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence.  While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

Edited July 11, 2018 by SusieQQQ

[SusieQQQ 11,584]

59 minutes ago, Jojo92122 said:

It's really nice that they will help you for free without charge for up to 3 years.  Sounds almost too good to be true.  

That’s after charging people to enter something they can do for free on the official website...and judging by the extracts, the free advice is worth less than what you pay for it. This is why the offical DV instructions warns people against using these kind of services.

[AnthonyLondon 0]

Hi @SusieQQQ, I just wanna thank you again for your help, and let you know that following our discussions, I have decided to apply for a re-entry permit (https://www.uscis.gov/i-131). I will plan a few weeks vacation to the US towards the end of October (just before the 1-year Green Card milestone).

 

What I'm trying to figure out now is where my appointment to the "local" USCIS Application Support Center (ASC) is going to be (once I have filled my i-131 re-entry application form). I'm guessing it will be the close to the address I entered during the DV application process, but I'm wondering whether I could change it, so that I could travel to some other place in the U.S. by the same occasion. I will let you know how it goes, if it helps anyone else on this forum.