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

[SusieQQQ 11,586]

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".

Ayisi&Phyllis, I know the visa is single entry. I don't know what type of visa you got, but on every DV visa (and as I understand for other immigrant visas but it's only DV that matters here anyway) there is a line at the bottom that says on endorsement, the visa becomes an I551 evidencing permanent residence for one year, in other words, the visa basically turns into a temporary green card once you have entered. That is what I meant by coming back using that temporary I551. In no sentence at all did I say anyone uses the visa to come back in with, and you maybe need to re-read what I wrote as it's not what you said at all. Your last two sentences are just, in combination and the context of the thread, confusing. The action of entering with the immigrant visa is what activates permanent residency, as well as the production process for the plastic green card, but you do not need a physical plastic green card to prove you are a permanent resident - the endorsement on the visa (which is now a temporary I551) is enough for that, including as evidence to airlines and immigration that you can re-enter the US, within its limits of only a one year validity period.

Edited November 6, 2015 by SusieQQQ

[Alex Ve 5]

Well I can give them a reason if I have to, at least for a six months stay cause I am currently in a college and I graduate in summer of 2016.

[Boiler 45,558]

Then why a year?

[Sm1smom 252]

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".

The issued IV is a single entry visa, which is what activates an LPR status at the POE upon use (there's no such thing as the GC being activated before it is mailed to the recipient). The IV upon activation then becomes an I-551, a temporary GC valid for one year, which a LPR can use in the absence of the plastic GC itself.

[IcezMan_IcezLady 582]

The issued IV is a single entry visa, which is what activates an LPR status at the POE upon use (there's no such thing as the GC being activated before it is mailed to the recipient). The IV upon activation then becomes an I-551, a temporary GC valid for one year, which a LPR can use in the absence of the plastic GC itself.

The GC stripe contains information about the holder. In some places, when you show your GC, they then swipe the stripe. So yes, the fact that the GC can be swiped and information in the stripe be retrieved then, it is activated. When you abandon your permanent residency requirement, the GC gets deactivated (no longer valid).

To stay on topic,

You can live outside for less than 1 year but you should expect it to affect when you can apply for naturalization.

[Sm1smom 252]

The GC stripe contains information about the holder. In some places, when you show your GC, they then swipe the stripe. So yes, the fact that the GC can be swiped and information in the stripe be retrieved then, it is activated. When you abandon your permanent residency requirement, the GC gets deactivated (no longer valid).

To stay on topic,

You can live outside for less than 1 year but you should expect it to affect when you can apply for naturalization.

Yep, agree with that. And I suppose I could have worded my earlier response better. Basically trying to clarify the fact that the issued IV (upon presentation at the POE) is what activates the LPR status in the case of someone who processed CP, not when the GC gets sent out.

[Pitaya 2,577]

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Pitaya

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[Alex Ve 5]

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.

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!

The GC stripe contains information about the holder. In some places, when you show your GC, they then swipe the stripe. So yes, the fact that the GC can be swiped and information in the stripe be retrieved then, it is activated. When you abandon your permanent residency requirement, the GC gets deactivated (no longer valid).

To stay on topic,

You can live outside for less than 1 year but you should expect it to affect when you can apply for naturalization.

Thank you all for your useful information.

Today I'm gonna ask for a certificate from the college I am attending that I am studying and I am graduating in june 2016.

And I am planning to stay in the US for two months and come back on january 10.

During my stay in US I'll be getting a driver's license and I'll fill my taxes and of course I will inform the authorities that I wish to return in my home country to graduate.

So, will there be any problem if I stay abroad between six and 10 months?

Then why a year?

Well, I'd like to stay the whole summer in Greece and maybe go back to the US on September or October.

And if I return in Greece on January 2016 and stay until October 2016 that is already longer than six months, that's why I want to apply for one year.

Edited November 9, 2015 by Alex Ve

[whusurdadi 0]

Alex, please let us know how did it go. I'm in the same boat - visa expires 18th Feb. I am planning to go for a week to Vegas in Jan, go back, and wait till May for internal transfer from work. Cheers.