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After how long I should go back to US after getting the Green Card

mohd_nigm

Registered Users (C)
Hi Guys,
I won the lottery DV14, I already landed in Dec and got the green card, i left back to my country to settle everything, and I need more than 6 month,
My question is " Do I need to go back to US within 6 month, because I need at least 7 month to settle everything ?
Thank you guys and wish u all the best
 
Hi Guys,
I won the lottery DV14, I already landed in Dec and got the green card, i left back to my country to settle everything, and I need more than 6 month,
My question is " Do I need to go back to US within 6 month, because I need at least 7 month to settle everything ?
Thank you guys and wish u all the best

Once you have activated your LPR status you can travel outside for up to 1 year. If you need longer than that you can apply for a re-entry permit.
 
Hi britsimon
My friend told me that it shouldn't exceed 6month, can u please confirm ?

Let's make sure we are talking about the same thing. When you get your visa at an embassy you have 6 months (or less depending on the medical) to enter the USA for the first time.

Once you enter the USA your visa is activated, you become an LPR and you can leave for up to 1 year to go back to your country to tie up loose ends etc. If you needed longer than that then you can apply for a re-entry permit.
 
Hi britsimon
My friend told me that it shouldn't exceed 6month, can u please confirm ?

Technically britsimon is right that it is a year, but there is something about a 180 day "rule" - if you re-enter within 6 months you normally will have no problems,but longer than that and you are likely to get questioned quite closely by CBP to determine whether or not you have abandoned residency. They usually understand though that people need time to sort things out before a permanent move. The CBP officer cannot refuse you entry or take away your green card, so don't worry about that, however if he feels you have abandoned residency he may institute proceedings to make you argue your case before an immigration judge. However this is highly unlikely to happen on a first reentry as you will make, but they may annotate "advised residency requirements" in your passport which means that if you keep leaving for longish periods you will find more trouble. Try to establish some ties in the US on your first landing such as bank account and keep an address there. Most important : you landed in December, which means you are required to file with the IRS for tax year 2013. Make sure you do this, as this is one of the key tests they use for whether or not you have abandoned residency. (And look on the irs website for what to do when it is your first year filing if you have earned income elsewhere)

Short version: you are ok with a year but six months is much safer and make sure you can show you always intended coming back.

Also,be aware that if you stay out longer than 6 months the time counted for naturalization resets to the later date, whereas if you come back within 6 months it is still counted from your first entry date.
 
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Technically britsimon is right that it is a year, but there is something about a 180 day "rule" - if you re-enter within 6 months you normally will have no problems,but longer than that and you are likely to get questioned quite closely by CBP to determine whether or not you have abandoned residency. They usually understand though that people need time to sort things out before a permanent move. The CBP officer cannot refuse you entry or take away your green card, so don't worry about that, however if he feels you have abandoned residency he may institute proceedings to make you argue your case before an immigration judge. However this is highly unlikely to happen on a first reentry as you will make, but they may annotate "advised residency requirements" in your passport which means that if you keep leaving for longish periods you will find more trouble. Try to establish some ties in the US on your first landing such as bank account and keep an address there. Most important : you landed in December, which means you are required to file with the IRS for tax year 2013. Make sure you do this, as this is one of the key tests they use for whether or not you have abandoned residency. (And look on the irs website for what to do when it is your first year filing if you have earned income elsewhere)

Short version: you are ok with a year but six months is much safer and make sure you can show you always intended coming back.

Also,be aware that if you stay out longer than 6 months the time counted for naturalization resets to the later date, whereas if you come back within 6 months it is still counted from your first entry date.


LOL - I typed out the longer explanation of needing to show residency etc but then deleted it thinking it would just make the OP question things more....
 
LOL - I typed out the longer explanation of needing to show residency etc but then deleted it thinking it would just make the OP question things more....

I think if he is staying out longer than 6 months he needs to be aware of these issues...
 
Susie & Britsimon ........ Thank you so much, it's very clear.
Susie...... U got my question ...... I will not stay more than 6 month
 
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