DV-2012: Returning to US after 364 days?

[Powka]

Hello everyone!

I have won DV2012 lottery, entered the USA on July 4th 2012 and left the USA on July 20th 2012. I then received my green card sometime in September 2012.

I was planning on returning to the USA in June 2013, so less than a year (365 days).

1) Am I going to have any problems entering the US on this occasion? As far as I'm aware, I don't break any rules if I come back to the US after less than 365 days. Please correct me if I'm wrong.

2) After my second entrance to the US in June 2013, can I leave the country again for another year (less than 365 days), or will this be considered as breaking some rules and I will be risking of loosing my green card?

I'm 23, no children, no family coming with me to the US, completely on my own. I don't have anyone in the US too.

Please help if you know for sure about this, I need this information very badly. I was planning on staying to live when I come to the US in June 2013, but some personal things have came up that I might have to stay another year in the UK, and only then come back to live.

Thanks in advance for any info!

 

[cafeconleche]

You won't have that much trouble coming back less than a year later, since people who win the DV lottery often have to do this, and they know. Just explain. Before you leave the second time, make sure to apply for a re-entry permit so you can stay out of the country for up to 2 years without losing your GC. Also, if you don't already have them, get a driver's license, bank account, etc.- as many ties to the US as you can.

 

[enchevetrement]

I was planning on returning to the USA in June 2013, so less than a year (365 days).

You are taking a risk. Best is to issue a REP. Ask to expedite the process. It takes about 3-4 weeks. You would need to be in the US for the biometrics but you can leave before the the REP itself arrives. Ask to send it to someone you trust in the US and they can send it to you.

If you cannot come to the US and issue a REP then make sure that you have all the information needed to support your reasons for not leaving in the US. You would need to convince the officer in charge that your reasons are justified.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD

best of luck!

 

[first_time]

Be careful. It should be fine this time but if you leave for another year you may run into problems. They will see this as a pattern that is usually discouraged. I suggested the same thing once to a mother whose teenage daughter had a green card. She wanted to keep the girl abroad and have her return to the US during vacations from school. She spoke with an immigration lawyer who told her the child needed to remain in the US most of the year because this pattern will cause red flags and she could lose gc. In the end, she sent her daughter to live with family in the US.
Make sure you get that permit.

 

[GuyinSH]

hi,

You must maintain continuous present in the US. Or else, you will be at risk of being denied entry in the future. Hopefully, you can return to US before January 19th, 2013 (within 6 months from your last departure). From there, your only option is to get the re-entry permit that enables you to travel outside USA for over a year.

Please read the rules governing continuous present in the US at www.uscis.gov.

You should decide whether you wanna go through all those "hurdles" in maintaining US permanent resident and finally become a US citizen.

All the best!

 

[NYB1975]

Congratulations on your new Green Card! I won the Green Card 17 years ago and my situation was very similar to yours. I was in my early twenties, no family here, did not know anyone in the US and still had to finish college back home.

For the first three years, I only came once a year for a couple weeks. On my first entry after a 10 month absence, I was not asked any questions. On my second entry another 11 months later, the Immigration Officer asked me why I was out so long and he sent me to Secondary Inspection. On my third entry after another 11 months, I was not asked any questions. Then I moved to the US for good and have been living and working here for 14 years.

I think you already got some very good advice from the other users. Open a bank account, apply for a SSN, and if possible try to come every 5 months instead of 11 months. Most important, you need to file US tax returns and make sure you file as a resident and not a non resident. You probably won't owe anything if you pay taxes in your home country, but you still need to file if you earn over a certain amount. If you have bank accounts/retirement accounts/foreign investments over USD 10,000, you also need to file FBAR (Foreign Bank Account Report).

Good luck with everything!