Can I return to my home country for one year when I get my GC?

[Alex Ve 5]

Hi. I am a DV winner and on November 13th I am flying in the U.S. to get the GC. My visa on the passport expires on january 29th 2016.

If I am not mistaken, once I get the Card on my hands in about a month, I can return again to my home country and stay for one year straight? That is until january 29th 2017?

Do you know if that will delay my U.S citizenship application in the future?

Thanks

[Hypnos 6,576]

Yes it will. You may also jeopardise your green card by doing that.

[Georgia16 2,858]

Every stay over 6 months will be considered that you abandoned your green card (if you don't have a special reason and therefor have been aloud to be gone longer) The reason is that a green card is for permanent residence and living in another country is not permanent residence then.

And yes it will also effect your citizenship, you will have to wait longer to apply.

This is what I think. Someone will correct me if I'm wrong.

[kingjulian 80]

You can't stay away for a year..as as gc holder u are must fulfil most of your residency in the u.u.s. .rather unfortunate but that's the rule...look online and see the specific amount of time u can stay out of the u.s

[Alex Ve 5]

Weird. I thought I read somewhere that you can indeed stay away from the US for a year once you get the GC. I just don't remember where.

[Georgia16 2,858]

Weird. I thought I read somewhere that you can indeed stay away from the US for a year once you get the GC. I just don't remember where.

Well I won't trust a random site. Why don't you take a look at at the official site or give them a call. If you do anything and I is wrong the only one they will blame is you.

[jhm3 15]

Hi. I am a DV winner and on November 13th I am flying in the U.S. to get the GC. My visa on the passport expires on january 29th 2016.

If I am not mistaken, once I get the Card on my hands in about a month, I can return again to my home country and stay for one year straight? That is until january 29th 2017?

Do you know if that will delay my U.S citizenship application in the future?

Thanks

A few things: A Green Card generally becomes invalid after a year outside the United States (unless the GC holder has obtained a re-entry permit in advance of departure), so in theory, yes, you could spend up to a year abroad. However, immigration officers at the port of entry are likely to scrutinise the situation of a GC holder returning after *any* extended absence -- but particularly if the absence has been longer than 6 months -- and might conclude that he/she abandoned his US residence by spending so much time away. It is likely to be helpful in such cases to be able to show that one is well established in the United States (with housing, bank accounts, a driver's license, etc.) and that one is genuinely resuming residence in the US, not just making short return trips to maintain the Green Card.

Also, note that the expiration date on your visa is basically irrelevant once you enter the US. That's just the last date on which you could use the visa to make that initial entry.

As for the effect that an extended absence would have on a future citizenship application, an absence of more than six months would generally be interpreted as breaking the continuity of residence required for a naturalization application (see section ©(1)(I) here: http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-30960/0-0-0-31016.html), so the five years on your "naturalization clock" would begin only upon your return after such an absence.

[jhm3 15]

Just to add a reference (from http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident, the [easily located] USCIS website on "International Travel as a Permanent Resident" -- not a "random site"), see below. This confirms that travel abroad for up to a year is permissible, while noting that a GC holder returning after an extended absence might be determined to have abandoned his/her permanent resident status. It also notes some of the factors and evidence that might satisfy an immigration officer that you have not abandoned your status. To my mind, the bottom line is that while an extended absence as a Green Card holder might be allowed, it should be planned and handled very carefully to ensure that it does not give rise to any problems.

Does travel outside the United States affect my permanent resident status?

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.

[SusieQQQ 11,586]

I know -personally - a number of DV winners who stayed out longer than 6 months but less than a year after first entry with no problems getting back in. Border officials understand that people need time to settle up things in their home countries before making a final move. However I would not do it again after the first time, as that will start raising questions about residency. As has been noted, an absence of longer than 6 months resets the naturalization clock.

Georgia16, you really shouldn't post statements as fact when they're not. There is plenty of official information that details 12 months as the cut off for when you can use just your green card (without reentry permit or SB1) to get back in on and as the main presumption of abandoning residency.

Edited November 6, 2015 by SusieQQQ

[SusieQQQ 11,586]

Hi. I am a DV winner and on November 13th I am flying in the U.S. to get the GC. My visa on the passport expires on january 29th 2016.

If I am not mistaken, once I get the Card on my hands in about a month, I can return again to my home country and stay for one year straight? That is until january 29th 2017?

Do you know if that will delay my U.S citizenship application in the future?

Thanks

Where you misunderstand is when your cutoff date for a year will be. It will be one year from the date you leave the US after this trip (so if you go back to Greece on 20 November you need to be back by 19 November 2016). Bear in mind however that the temporary I551 in your passport will be counted from the date you enter the US, i.e. 13 November, so after 12 November 2016 you will need your physical plastic green card to re-enter.

[Boiler 45,535]

Abandonment issues are horribly complicated and case specific, sounds like you need to talk to an Immigration Lawyer who specialises in this subject, most do not. Make sure they have tried a few cases.

[Alex Ve 5]

Abandonment issues are horribly complicated and case specific, sounds like you need to talk to an Immigration Lawyer who specialises in this subject, most do not. Make sure they have tried a few cases.

Yeah, you're right.

[IcezMan_IcezLady 582]

I know -personally - a number of DV winners who stayed out longer than 6 months but less than a year after first entry with no problems getting back in. Border officials understand that people need time to settle up things in their home countries before making a final move. However I would not do it again after the first time, as that will start raising questions about residency. As has been noted, an absence of longer than 6 months resets the naturalization clock.

Georgia16, you really shouldn't post statements as fact when they're not. There is plenty of official information that details 12 months as the cut off for when you can use just your green card (without reentry permit or SB1) to get back in on and as the main presumption of abandoning residency.

SusieQQQ, it is not about what border officials "understand"..it is all about what is stated in the requirement. The requirement is binding contract between the OP and the govt. And it is OP's responsibility to fulfill that requirement.

We all know that some CBS officers can be nice and others are not, so the people you know "personal that came through without problems" may have to deal with USCIS later or during naturalization ,which another concern for OP.

Those people may have a special circumstance that may not apply to OP. And since OP did not state why he wants to return to his country for 1 whole year, I wouldn't assume there's a special circumstance in his situation unless stated.

So, OP should read the residency requirement for his GC or consult an immigration lawyer.

[SusieQQQ 11,586]

SusieQQQ, it is not about what border officials "understand"..it is all about what is stated in the requirement. The requirement is binding contract between the OP and the govt. And it is OP's responsibility to fulfill that requirement.

We all know that some CBS officers can be nice and others are not, so the people you know "personal that came through without problems" may have to deal with USCIS later or during naturalization ,which another concern for OP.

Those people may have a special circumstance that may not apply to OP. And since OP did not state why he wants to return to his country for 1 whole year, I wouldn't assume there's a special circumstance in his situation unless stated.

So, OP should read the residency requirement for his GC or consult an immigration lawyer.

Yup, the residency requirement is clearly stated as 12 months maximum outside the US, along with cautions that it can be deemed to be earlier etc. Every single person I referred to before has got their green card through DV and in every case it has simply been a case of needing to tie up ends in the home country before making a final move after entering to activate the green card before visa expiry.

This thread is probably a waste of everyone's time anyway as OP has another thread going about how he actually doesn't want to move to the US anyway!

[IcezMan_IcezLady 582]

Yup, the residency requirement is clearly stated as 12 months maximum outside the US, along with cautions that it can be deemed to be earlier etc. Every single person I referred to before has got their green card through DV and in every case it has simply been a case of needing to tie up ends in the home country before making a final move after entering to activate the green card before visa expiry.

This thread is probably a waste of everyone's time anyway as OP has another thread going about how he actually doesn't want to move to the US anyway!

SusieQQQ, the visa is for Single Entry so the moment the person enters the US, they can't just go back to their home country and come back with the visa.

The GC is activated before it is mailed to the recipient. So it doesn't have to be used to enter the US before it is "activated".