Britsimon
Super Moderator
There is nothing wrong with that. A bit daft - but nothing illegal.
DV 2016 Winners Meet Here
- Thread starter n.n.
- Start date
There is nothing wrong with that. A bit daft - but nothing illegal.
MattWatt
Active Member
I'm pretty sure you wouldn't be disqualified from re-entering for the DV draw, but I'm sure it would probably be raised at the interview should you be lucky enough to win again.
Britsimon
Super Moderator
No.
SusieQQQ
Well-Known Member
Some consulates have been reported to reject them and others fine with them, so it's hard to say. Are any of them critical for DV acceptance i.e. birth certificate and high school ?
Britsimon
Super Moderator
2NLs for December starting to come out now.
http://britsimonsays.com/2nls-for-december-interviews-being-sent-now/
http://britsimonsays.com/2nls-for-december-interviews-being-sent-now/
Shekina
Member
You may benefit from listening to the experts "here", they are better than lawyers.
Miss Ellen Australia
New Member
Hey guys! I've done my medical for the DVL visa and am now waiting for my interview next month. I thought I'd post here and get some feedback from fellow applicants, or even past winners.
I plan to move to the US, of course, but a close relative has just been diagnosed with a terminal illness. They are unwell but receiving treatment, and they are responding to that treatment. Without getting further into it, I would like as much time with them as possible. Since my medical was last week, I've only got a maximum of sixth months to enter the US, right?
I've heard a lot of different things about entry. I've been told that your first visit to the US, so the one within six months, acts as an activations visit. I have a home address in the US (going to live with a friend) so things on that end are sorted. I've been told that once you've entered and "activated" your visa, you are actually free to leave the US and go back to your country of origin for up to 12 months if you want/need to. What I'm being told is that I will risk an "abandonment of green card" which is termed by a long period of non-stay in the US. Ideally, for the time being, I would like to be able to fly between - setting up my home base in the US, so to speak, whilst still residing in Australia with my relative - before ultimately moving across. Does anyone know what process I should take? Should I talk to them about this during my interview and see what guidance they give? Or could this risk denial of my visa?
I guess I'd like to know what my exact restrictions are, and how best to avoid abandoning my green card. The medical expires six-monthly, but I would be willing to keep getting them to keep my visa in warranty, if needs be.
I've been gunning for this green card for years, but family is such a priority for me. Not to say my green card is not a priority, but you know...
Has anyone got any information about what exactly we *have* to do once we've got a green card? Do we have to move over in six months? Can I enter the US, activate, and come home for 12 months? After those 12 months, if I have to, can I defer again? Can I apply for a re-entry visa? Is there a way to appeal an abandoned green card? There's got to be compassionate exceptions, surely? Or maybe not.
Since this is probably an uncommon situation and by grounds, an uncommon question, I'm not having much luck figuring out what to do.
Any ideas?
Thanks guys.
P.s. Please, no chastising. I know we've all worked hard and are very lucky to have been selected. This is purely a family matter.
Ellen
I plan to move to the US, of course, but a close relative has just been diagnosed with a terminal illness. They are unwell but receiving treatment, and they are responding to that treatment. Without getting further into it, I would like as much time with them as possible. Since my medical was last week, I've only got a maximum of sixth months to enter the US, right?
I've heard a lot of different things about entry. I've been told that your first visit to the US, so the one within six months, acts as an activations visit. I have a home address in the US (going to live with a friend) so things on that end are sorted. I've been told that once you've entered and "activated" your visa, you are actually free to leave the US and go back to your country of origin for up to 12 months if you want/need to. What I'm being told is that I will risk an "abandonment of green card" which is termed by a long period of non-stay in the US. Ideally, for the time being, I would like to be able to fly between - setting up my home base in the US, so to speak, whilst still residing in Australia with my relative - before ultimately moving across. Does anyone know what process I should take? Should I talk to them about this during my interview and see what guidance they give? Or could this risk denial of my visa?
I guess I'd like to know what my exact restrictions are, and how best to avoid abandoning my green card. The medical expires six-monthly, but I would be willing to keep getting them to keep my visa in warranty, if needs be.
I've been gunning for this green card for years, but family is such a priority for me. Not to say my green card is not a priority, but you know...
Has anyone got any information about what exactly we *have* to do once we've got a green card? Do we have to move over in six months? Can I enter the US, activate, and come home for 12 months? After those 12 months, if I have to, can I defer again? Can I apply for a re-entry visa? Is there a way to appeal an abandoned green card? There's got to be compassionate exceptions, surely? Or maybe not.
Since this is probably an uncommon situation and by grounds, an uncommon question, I'm not having much luck figuring out what to do.
Any ideas?
Thanks guys.
P.s. Please, no chastising. I know we've all worked hard and are very lucky to have been selected. This is purely a family matter.
Ellen
Sm1smom
Super Moderator
Sm1smom
Super Moderator
Sorry to learn of your relative's terminal illness.
What you heard about the possibility of going back to Australia and staying out for up to 1 year following the initial activation trip, without the possibility of being deemed to have abandoned your US permanent residency is correct.
However, what I would recommend in your case will be to apply for a re-entry permit following your initial activation trip. The permit is usually valid for 2 years, which means you can legally stay outside the US for up to 2 years without abandoning residency. And during the two year validity period of the permit, you can enter and exit the US as necessary without any issue. You can read more about the re entry permit below:
http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf
http://www.uscis.gov/i-131
Britsimon
Super Moderator
So Ellen in your post you listed all your options - so you really know what you can do - but you are probably confusing yourself with too many long term options and collecting information. So - simple points.
- Yes, 6 months to activate.
- Yes - 12 months for the first absence is ok - later absences should be less than 6 months each (and you should maintain ties to the USA such as keeping a home).
- As Mom suggests you could apply for a re-entry permit (which allows up 24 months absence) - although that would mean your first trip would need to last long enough to file the paperwork and have the bio - that might mean staying in the US for a month or two.
Miss Ellen Australia
New Member
Thanks for your reply. Since you know a lot more about this than me, maybe I can annoy you with more questions.
Am I right in saying this: After receiving confirmation of green card, I have six months to enter the US to activate. I'll do that, stay for a week or two, and return to Australia for twelve months. Then, if needs be, and within the twelve month period, I go back to the US for a few weeks and apply for my re-entry visa. I assume I would be citing personal/health/family reasons in doing that. If successful, I have another twenty-four months to enter the US permanently.
Question... Can I apply for a re-entry visa during the activation trip? I know this would mean staying longer than a week or two to activate. I guess the down side of doing that would be screwing myself out of those twelve months after the activation trip if I do so find that I need them with my relative later. My idea being that if I've got six months to enter and activate, then twelve months, and then with a re-entry visa, twenty-four months. If I activate right away, I lose a twelve month block.
I quite honestly don't know what my circumstance is going to be. Everything was different when I applied for the visa and for much of it's processing. It's possible I can move within those twelve months, it's possible that I would be conflicted doing so and would want to buy extra time.
Another question... is there a cost to the re-entry visa? Do I take another medical? I'm fully vaccinated and those last quite a few years now. How many times can you apply for re-entry?
Thanks for your help, you guys. You're fantastic.
- ellen
SusieQQQ
Well-Known Member
Some terminology confusion, that is worth fixing. You don't get "confirmation of a green card" at the interview, you get (if successful ) an immigrant visa. You have to use this visa before it expires - when you do so you are also activating your green card. And it's not a re-entry visa but a re-entry permit. And yes, there is a cost,currently totalling $445 for the form and biometrics. You can indeed do it on the same trip when you activate your green card. That might be a better idea than staying out as long as you can before coming back just to do that in fact. I can't say for certain but it might certainly raise some questions about meeting residency requirements if you do it that way. You can apply for a new re-entry permit twice more after the first one but the third one can only be for a year, i.e. 5 years total max. And remember it does not guarantee you re-entry. Apparently you need to be able to show the reasons you stayed out are the same as the reasons you gave.
Remember all this time you have to file with the IRS.
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Britsimon
Super Moderator
Yes you could do the 6 + 12 + 24 thing, with a bit of risk that the re-entry permit is denied.
Of course there is a fee - It's the American dream.
http://www.uscis.gov/i-131
Sm1smom
Super Moderator
Not sure if you bothered to check the links I earlier on provided you with or not, one of those clearly has information regarding the cost and process of getting a re-entry permit.
Anyway, like Simon already pointed out above, big risk of the re-entry permit being denied if the plan is to only apply after staying out the first year (or close to it) following the initial activation trip. Again, your best bet will be to be prepared to stay back in the US for about 2 months or so following your initial activation trip to enable you apply for the re-entry permit and complete the required biometrics following which you can depart (assuming you would have indicated on the application form for the re-entry permit to be sent to the US embassy in Australia for pick up).
It may be possible to apply for a new re-entry permit 2 more times after the initial one, except of course the third will most likely only be approved for one year. You can however expect USCIS to question the need for a second re-entry permit as a matter of fact considering that the first one will be requested on the basis of having a family member with a terminal illness.
Rathnaa
New Member
Finally, my visa issued. It took me two days to calm myself from the excitement...
To @Sm1smom @Britsimon @SusieQQQ @Dalia2015 and EVERYONE on this site here, Im so so so grateful to all of you. You virtually hold our hands and guide through the whole process. and one thing I learnt here, you guys are a family with huge huge heart to help. Words cannot express how much I am thankful to all of you. THANK YOU, from the bottom of my heart.
To @Sm1smom @Britsimon @SusieQQQ @Dalia2015 and EVERYONE on this site here, Im so so so grateful to all of you. You virtually hold our hands and guide through the whole process. and one thing I learnt here, you guys are a family with huge huge heart to help. Words cannot express how much I am thankful to all of you. THANK YOU, from the bottom of my heart.
Sm1smom
Super Moderator
Finally, my visa issued. It took me two days to calm myself from the excitement...
To @Sm1smom @Britsimon @SusieQQQ @Dalia2015 and EVERYONE on this site here, Im so so so grateful to all of you. You virtually hold our hands and guide through the whole process. and one thing I learnt here, you guys are a family with huge huge heart to help. Words cannot express how much I am thankful to all of you. THANK YOU, from the bottom of my heart.
Congratulations. Do have a great life in the US when you move.