Can I keep my GC if I can't go to US at this moment?

[lucky_winner]

Hi I'm new to the forum.

My CN is AS15xxx this year and likely we will have the interview soon in May or June. I'm so excited about it and look forward to it every day. However, for some personal reason, I may not be able to leave my home country within the coming 2-3 years.... Is it possible for me to keep the GC by visiting US for 2-3 weeks once every year, instead of directly move to US to stay there forever?

It's so difficult to win the lottery and I don't want to forfeit the GC....

Anyone please help to answer....

 

[bentlebee]

2-3 weeks every single year might end up losing the GC. You can apply for a re- entry permit, but that doesn't mean you can in the next few years just stay here as a person who comes on vacation...that is not what a GC is meant for.

The US wants to receive taxes, revenues, etc. from any one who lives here and is spending their money over here...

You can try and see what happens, but if you loose it, you wasted all this time and a lot of money. Maybe you can change things and come more often and stay longer over here. Every entry will be noted at the POE and Homeland Security can see all you trips and how long you stayed over here...

 

[lucky_winner]

Thank you Bentlebee. You are so kind.

A few more questions to ask:
1) I will need to work in my home country during my stay here for 2-3 years. Am I already liable for US tax from the moment that I got the GC?
2) How long should I stay in US for every travel if I don't want to lose my GC if I apply a re-entry permit?
3) If I ever lose my GC because I can't stay in US in these 2-3 years, will I still be able to apply for another GC in the future? Or will I get black listed?
4) If we really lose the CG, what if my kids wanna go to study in US? Will they have difficulties apply for student visa by then?

 

[jaja5]

When living in your home country (not US) and win, there are some things they accept as reasons to postpone your (first) moving to the US.
If you are already inthe US the story is completely different, so thats not your case anyway.

Try to find people who have won, activated and then stayed for up to 2 years in their country and ask them the questions.

You do not share your reason so no one here can fill you in on what they will say. Why not ask them yourself if this is a solid reason? that way you know and if they do not accept it, you can still postpone your initial move. Either way, there is a difference if you go and live there, and then leave after a couple of weeks for many months and just come for 2 weeks and leave for months. Better postpone the initial move and be prepared to what your options are.

Remember, I did not do this yet as I just had my interview and still await the passports to arrive
Look for people who did that, not people who scare you with info thats not based on your case.
Good luck, and so maybe for you you want a late interview rather then one soon ;-)

 

[NuvF]

One has to travel to USA and activate the immigrant visa within 6 months from issue (expiration date is marked on the visa stamp)
After that you can travel in and out using the GC. Theoretically you need a re entry permit if you want to stay out for more than 1 year, if it is less than i year no need of it.

However, if you do not have an REP, if your stay out was for over 6 months, I 'think' a CBP/ICE officer at a PoE has the 'discretion' to deny you re-entry on the basis that you have abandoned your intention of being an LPR in USA. You may want to dig deep to find out on what 'legal' basis/reasons an officer can deny you re-entry like that.

OR the best advise is.....

Get your visa stamp, come to USA within 6 mos activate and get your plastic GC and before you leave US.......consult a 'good' (ie. it costs you good $$) lawyer and act on their advise.

Good Luck !

 

[jaja5]

isn't it true you can activate, return and re-enter on the stamp (instead of waiting for the plastic GC)?
I don't plan on waiting after my first trip as it can take a long time

 

[bentlebee]

My friend had hers in 12 days...but no one is forcing you to wait, but it is better to have the card in your pocession since it can be requested on your return. A GC has to be with you 24/7 is the regulation but I don't think everybody is having it with them all the time, but that is the law.

If you have it sent to your native country and it gets lost it will be a lot of trouble to get a new one.

 

[jaja5]

Didn't your "friend" have a SSN already? it was adjusted right? that might be a different thing as to why you got it so quickly. I would not take you up on advice of booking a 12 day trip, as all things are different if you don't live in the US yet. Start adding this info all the time as new people think you know what their route to a GC is but you come from a whole different process AOS.

 

[bentlebee]

Didn't your "friend" have a SSN already? it was adjusted right? that might be a different thing as to why you got it so quickly. I would not take you up on advice of booking a 12 day trip, as all things are different if you don't live in the US yet. Start adding this info all the time as new people think you know what their route to a GC is but you come from a whole different process AOS.

She had a SSN but a GC and SSN have nothing in do with each other. She tried to change her SSN status since at first she had working with approval. She sent that in and got it back since she needed to sent certified copies instead of normal copies.

The GC was approved at the time of her interview and she got the welcome letter at the end of her interview....that might be the reason that the process went so fast.

Any one who never had a SSN needs to show up in person and she waited till this week to go to get her SSN changed and will go in person since she doesn't want to sent her old one in by mail.

 

[jaja5]

sorry I meant to say a visa
but now that I mentioned a SSN, I think it could be of importance since your well know with a SSN as opposed to someone who never had SSN or even travelled to the US before.