Restrictions on Leaving the US After Visa Activation?

[MikeMinusWife 42]

Due to COVID concerns and other personal issues we are considering a short trip to the US to “activate” our CR1 visas (family of 4) before the 6 month validity period expires and then returning almost immediately to the UK, possibly for several months.  The question is, does the US place any limitation on time periods in such circumstances?  Specifically:

 

• How soon after entry can immigrants exit the US.
• Are immigrants required to maintain a minimum period of residency in the US e.g. 6 months per year.
• Are there any other time based requirements.

 

I know it sounds weird to talk about returning to the UK having worked so hard to get the visas, but personal circumstances can change, and for us sadly they have.

 

Any advice appreciated.

[HRQX 4,145]

1 hour ago, MikeMinusWife said:

How soon after entry can immigrants exit the US.

Same day as "activation" day.

1 hour ago, MikeMinusWife said:

Are immigrants required to maintain a minimum period of residency in the US e.g. 6 months per year.

You don't need a re-entry permit unless you plan to be outside of the US for more than 12 months. But also note that after 180 days of leaving the US a LPR is "regarded as seeking an admission into the United States for purposes of the immigration laws" per INA § 101(a)(13)(C)(ii).

 

But repeated absences can affect naturalization eligibility: https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/continuous-residence-and-physical-presence-requirements-for-naturalization

[aaron2020 11,651]

A green card holder is required to make the US their primary home.  There are a few things you need to look into as they may affect your green card status.

If you work in the UK after activating your green card, you will need to report that income on your US tax returns.  Green card holders and US citizens are required to report their worldwide income even if nothing is earned in the US.  Claiming the FEIE and foreign residency could negatively affect your green card status.

Claiming NIH benefits as a UK resident could also negatively affect your green card status.

[MikeMinusWife 42]

Thanks HRQX and Aaron - to summarize it is legal to fly in on a Monday morning, activate the visa, fly out on Monday evening and return to the US at any point within the next 180 days without loss of status.

 

Perfect, thank you.

[pushbrk 12,910]

1 hour ago, MikeMinusWife said:

Thanks HRQX and Aaron - to summarize it is legal to fly in on a Monday morning, activate the visa, fly out on Monday evening and return to the US at any point within the next 180 days without loss of status.

 

Perfect, thank you.

Yes, but it is not really as simple as whether it is legal or not.  If you search "maintaining permanent resident status USA" you'll get an understanding of why it's not so simple.  Each entry to the US by anybody not presenting a US passport is a judgment call by Customs and Border Patrol.  There are other considerations in addition to the ones aaron2020 already mentioned.  If asked why you stayed less than a day or any short period of time, your truthful answer is required and that will be considered as part of the judgment call.

Personally, if I were in your situation, I would pursue re-issue of the visas instead.  Not as simple as your proposed plan, but much more likely to avoid serious issues.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[MikeMinusWife 42]

9 hours ago, pushbrk said:

Yes, but it is not really as simple as whether it is legal or not.  If you search "maintaining permanent resident status USA" you'll get an understanding of why it's not so simple.  Each entry to the US by anybody not presenting a US passport is a judgment call by Customs and Border Patrol.  There are other considerations in addition to the ones aaron2020 already mentioned.  If asked why you stayed less than a day or any short period of time, your truthful answer is required and that will be considered as part of the judgment call.

Personally, if I were in your situation, I would pursue re-issue of the visas instead.  Not as simple as your proposed plan, but much more likely to avoid serious issues.

Re-issue of the visas is now a 2 year process with all the associated cost and work of starting from scratch, I am not aware of any mechanism to have the Embassy re-issue the visas with a new 6 month validity period - but if there was then that would indeed be ideal.

[carmel34 3,636]

6 hours ago, MikeMinusWife said:

Re-issue of the visas is now a 2 year process with all the associated cost and work of starting from scratch, I am not aware of any mechanism to have the Embassy re-issue the visas with a new 6 month validity period - but if there was then that would indeed be ideal.

Others have done it successfully.  Contact the US embassy that issued the visas and ask them to re-issue with your reasons to find out if it is possible in your situation.  That way you would have another six month period granted quickly and not have to start over with a two year process.  It really depends on how long you need to stay in the UK before actually immigrating to the US and staying there.  Good luck!

[SteveInBostonI130 3,463]

By "re-issue" it was not meant for you to go through the entire I-130 USCIS/NVC/Embassy process.  It was meant for you to contact the embassy directly and ask them to re-issue the visa to have another 6 month validity period.  If they agree, you will need to get a new medical and possibly fill out the DS-260 again (and pay that fee).

 

P.S.  Even if you have to pay both (medical and DS-260), it will still be less expensive than flying to the US.  You would need to fly with your family because the USC petitioner has to be in the US or travel with the intending immigrant(s).

 

Edited November 19, 2020 by SteveInBostonI130

[pushbrk 12,910]

Correct.  Re-issue does not mean go through the process again.  You contact the Consular IV Unit and arrange for the visa to be re-issued with a new validity period.

[MikeMinusWife 42]

Thanks all for the advice - I didn’t think that re-issuance was an option.  I will definitely look into it.

[SusieQQQ 11,586]

However there are plenty of people who do come in, “activate” their green cards,  return to their home country to finish up whatever business needs finishing up, and return within a year with no negative consequences other than possibly delaying the naturalization clock if you are out longer than 6 months. Indeed, very many diversity visa green card holders end up doing it this way (including my family) because the nature of DV is both much quicker and often less certain of final success than other routes, so people often don’t have everything wrapped up before they have to use their visas. Working overseas for a short time while doing this, not a problem, just be sure to file taxes with the IRS as a resident and declare it.  If the embassy is willing to reissue the visas (not all of them are, especially when it is choice and not circumstance) then sure it may be cheaper than flying everyone over, but that’s not the route I’d tend to take tbh. 
All the above assumes one temporary absence (even if of some months) and not repeated absences, which would have different implications. 

 

 

Edited December 2, 2020 by SusieQQQ