Diversity Visa - reentry permit or 'green card' first?

[sarantak 0]

I have a question regarding the diversity visa 2015.

My husband and I had our interview at the USA Embassy in London on Wednesday (15 October 2014). We were informed by the consular officer that our application was successful (very excited). The consular officer told us the diversity visa would have an “expiry” (my words – not hers) of 22 March 2015 (6 months from the date of our medical examination).

My husband and I are committed to moving to the USA. He has a job offer in principle (subject to the approval of a diversity visa) from his existing employer. The short version is that he may need to work in London for longer than the six month timeframe permitted by the diversity visa. As such, we have started looking into the re-entry permit option. It is our understanding that if approved, the re-entry permit grant us two years to relocate to the USA. We understand that the application needs to be made in the USA.

I’ve been to the ‘after the interview’ section on the state department website (http://travel.state.gov/content/visas/english/immigrate/diversity-visa/interview/after-the-interview.html). Under the ‘USCIS Immigrant Fee’ section it says:

USCIS Immigrant Fee - You must pay the USCIS Immigrant Fee to U.S. Citizenship and Immigration Services (USCIS) after you receive your immigrant visa and before you travel to the United States. Only children who enter the United States under the Orphan or Hague adoption programs, Iraqi and Afghan special immigrants, returning residents (SB-1s), and those issued K visas are exempt from this fee. Select USCIS Immigrant Fee on the USCIS website for more information. Important Notice: USCIS will not issue a Permanent Resident Card (Form I-551 or Green Card) until you have paid the fee.

My question is: if we are traveling to the USA for the purposes of obtaining a ‘re-entry permit’ in the next 6 months, do we need to apply for the Permanent Resident Card (Green Card) at the same time? Or, do we apply for the Permanent Resident Card (Green Card) when we are traveling to the USA for the purposes of living there permanently i.e. assuming we were granted the reentry permit and when we are in the process of moving to the USA to live permanently?

Any information, advice or links would be much appreciated!

[kzielu 1,149]

Need to get your green cards once you enter - not when you come to live permanently after some time.

[sarantak 0]

Thank you.

So if our intention is to go to the USA to obtain a re-entry permit, then we would apply for the 'green card' (before we leave London), and then once we are in the USA collect the green card, then submit the application for the re-entry permit? Do you know if we need to physically have the 'green card' before we can apply for the re-entry permit? I understand that green cards can take some time to process.

Thanks again.

[NigeriaorBust 4,087]

How long will you staying in the UK ? If you make your initial entry towards the end of the 6 months you may not need a reentry permit. DV winners have a year to establish residence in the US. Most visas don't have such a generous timeline.

[sarantak 0]

We live in the UK and at the moment, we are looking into the re-entry permit option. My husband may well go within six months but as I run my own business, I may need longer (12-18 months) in order to get my affairs in order. The consular officer was clear that we would need to enter by 22 March 2015, which I understand to be the expiry date of the visa.

[Nich-Nick 3,354]

We live in the UK and at the moment, we are looking into the re-entry permit option. My husband may well go within six months but as I run my own business, I may need longer (12-18 months) in order to get my affairs in order. The consular officer was clear that we would need to enter by 22 March 2015, which I understand to be the expiry date of the visa.

You might start with London and ask if the visa can be extended if you are unable to use it within 6 months. They do that. Your medical is only good for 6 months is why the specific March date. You would have to be cleared again medically after the March date passes. That might buy you enough time to get your affairs in order.

From the London website FAQs:

What if I cannot travel during the validity period of the immigrant visa?

You should return the unused visa to the Immigrant Visa Branch with a letter explaining why you were unable to travel. Depending on the reasons for you not using the visa, it may be possible to re-issue you with a new visa on payment of new visa processing fees.

The way to contact the embassy is via the online contact form. http://london.usembassy.gov/niv/visa_contact_form.html

[sarantak 0]

Thanks for this information. It is really helpful. We will certainly consider this depending on how our circumstances develop.

[Nich-Nick 3,354]

Thanks for this information. It is really helpful. We will certainly consider this depending on how our circumstances develop.

I think it is only the tuberculosis clearance that expires. Most who have hard their medical expire have not paid for the full exam over again. £87 is stuck in my head is what somebody paid to renew their medical. I could be way off on that fee. A call to the clinic could confirm.

Also, you mentioned earlier about applying for a greencard. You don't do that after arrival. All you do is pay a fee (before you leave the UK) that they have added for the greencard issuance. You are already approved with your immigrant visa. The moment you enter the US on your visa, you are a permanent resident,. Your passport will be marked at immigration. That is valid proof of your status before the actual greencard is produced and mailed to you. You can use that to reenter the US, should you leave before you get the physical greencard. You generally can leave the US for up to a year without being deemed as abandoning your LPR status.

The reentry permit officially establishes that you will be temporarily away for over a year but do not intend to abandon your greencard. You can even use the passport annotation of your status in lieu of a photocopy of the actual card for the application evidence. I believe you may be required to have a biometric appointment where your photo and fingerprints are captured prior to leaving. There is mention of that in the reentry permit discussion. However your recent immigration process may be enough that it wouldn't be required. After biometrics (if required) you could leave and indicate on the form you want the permit sent to the consulate abroad for you to collect.

[sarantak 0]

Thanks. Yes, this makes sense. I've been a bit confused as on the discussion forum, people have been using 'diversity visa' and 'green card' interchangeably. The state.gov website doesn't specify the relationship between the diversity visa and green card. As such, I thought the diversity visa and green card were two separate processes so to speak. Thanks for the tip about the medical and we will definitely consider that if the appropriate circumstances prevail.

On the reentry permit, I understand that one must apply for that within the USA and biometrics are required. I will certainly follow up to see if our existing biometrics can be used should we go down the reentry permit path.

Thanks again.

[SusieQQQ 11,586]

Thanks. Yes, this makes sense. I've been a bit confused as on the discussion forum, people have been using 'diversity visa' and 'green card' interchangeably. The state.gov website doesn't specify the relationship between the diversity visa and green card. As such, I thought the diversity visa and green card were two separate processes so to speak. Thanks for the tip about the medical and we will definitely consider that if the appropriate circumstances prevail.

On the reentry permit, I understand that one must apply for that within the USA and biometrics are required. I will certainly follow up to see if our existing biometrics can be used should we go down the reentry permit path.

Thanks again.

Whoa. You don't "apply" for the green card. You use your immigrant (diversity) visa to enter, and as soon as your passport is stamped for entry you become a permanent resident and your visa "magically" turns into a one-year temporary green card (that you can use exactly the same way as a normal one, for up to 12 months after entry). In other words as soon as you enter on your visa you become a green card holder. This is why some people use the terms interchangeably. Your physical green card should arrive 1-2 months after entry. You can stay out for up to a year after this 'activation ' trip so if your husband can wrap up his job within that timeframe you don't need to apply for a re-entry permit. If you do decide to apply for the latter anyway, you will have to do new biometrics.

[Nich-Nick 3,354]

Thanks. Yes, this makes sense. I've been a bit confused as on the discussion forum, people have been using 'diversity visa' and 'green card' interchangeably. The state.gov website doesn't specify the relationship between the diversity visa and green card. As such, I thought the diversity visa and green card were two separate processes so to speak. Thanks for the tip about the medical and we will definitely consider that if the appropriate circumstances prevail.

On the reentry permit, I understand that one must apply for that within the USA and biometrics are required. I will certainly follow up to see if our existing biometrics can be used should we go down the reentry permit path.

Thanks again.

Getting specific on words, I would say a visa is a visa (issued by Dept of State) and a greencard is a greencard (issued by USCIS), so different physical things. But then there is your STATUS as opposed to paper items. An immigrant visa (as opposed to non-immigrant visa) gives you the status of "permanent resident" upon entry into the US. Everything required to be a permanent resident is vetted as part of the immigrant visa process. So on Day1, you are a permanent resident even though you don't hold a greencard in your hand yet. You will have a stamp or indication in your passport of your permanent resident status. It allows you to work, get a driver license, or leave the country and come back in while you wait on that card to arrive in the mail. Your status is the important thing, not what you physically show to prove it.

Yes, I saw biometrics mentioned as a fact. Something else had made me think there might be a chance not to do it, but reading again, it is pretty clearly stated as required.

[SusieQQQ 11,586]

I'm assuming some people answering this thread did not enter the US on an immigrant visa. The bottom of each IV has printed on it that upon endorsement it serves as a temporary I551 evidencing permanent residence for 12 months. An I551 is the official name for a green card. So yes, in fact you DO technically become a green card holder as soon as your passport is stamped for entry. It is just that at that stage you have a temporary green card rather than the plastic one.

Edited October 18, 2014 by SusieQQQ

[SusieQQQ 11,586]

You might start with London and ask if the visa can be extended if you are unable to use it within 6 months. They do that. Your medical is only good for 6 months is why the specific March date. You would have to be cleared again medically after the March date passes. That might buy you enough time to get your affairs in order.

From the London website FAQs:

What if I cannot travel during the validity period of the immigrant visa?

You should return the unused visa to the Immigrant Visa Branch with a letter explaining why you were unable to travel. Depending on the reasons for you not using the visa, it may be possible to re-issue you with a new visa on payment of new visa processing fees.

The way to contact the embassy is via the online contact form. http://london.usembassy.gov/niv/visa_contact_form.html

They do not extend the validity of DV visas, or re-issue them.

Some aspects of DV are the same as other immigrant visas but not all (eg no extension and no right of appeal if refused).

Edited October 18, 2014 by SusieQQQ

[SusieQQQ 11,586]

The way to really get max time without needing re-entry permits is first to enter as late as possible under the visa, and then re-enter just under a year after that. You may get some cross questioning on second entry but cbp are generally very understanding that people need time to wrap up their old lives. This approach buys you close to 18 months to make the final move.