SusieQQQ
Well-Known Member
You should probably get a lawyer. I know someone else trying to to get a green card from an L visa, there has been a lot of abuse of L visas and apparently they are cracking down and denying a lot of these applications.
DV 2017 AOS Only
- Thread starter Sm1smom
- Start date
You should probably get a lawyer. I know someone else trying to to get a green card from an L visa, there has been a lot of abuse of L visas and apparently they are cracking down and denying a lot of these applications.
EURO2014
Well-Known Member
There is, inter alia, a Petition2Congress on this topic: https://www.petition2congress.com/ctas/stop-eb1-c-abuse-fraudulent-filing
SusieQQQ
Well-Known Member
There seems to be a lot of abuse in setting up "companies" in the US for the express intent of getting L visas too, but all that anyway is beyond the scope of this forum.
EURO2014
Well-Known Member
I agree. Suffice to say that L1 --> LPR status adjustment route is not as "unproblematic" as some may make it sound.
Hi again guys: I asked this question already, but want to ask here if any of you had skmilar problem: i git my green card in August. In december I want to leave the US for 8 months. Do i really need the i131 reentry permit? Does the reentry permit apply for dv winner who leaves the US for the dirst time in 3 years??
SusieQQQ
Well-Known Member
You don’t need anything special for less than a year out the country.
Thanks Susie!
Do you know it for sure?;p I am asking because I read everywhere that if you are leaving for more than 6 months you are in danger of losing your GC. Uscis says that you are safe up too a year, whereas CBP says that if you are leaving for more than 6 months you cannot be admitted as LPR. I even asked my lawyer and he says its safer to apply for the re entry permit. So i am totally confused... did you hear about any case that a person was not admitted back to the us for such period abroad? I really do nit want to bother with the permit but I dont want to lose my GC either..
SusieQQQ
Well-Known Member
You’re telling me you read “everywhere” about 6 months but then you yourself say that USCIS says a year! So why do you ignore the official statement in favor of all these other people?...
Where do you see from CBP that you can’t be readmitted after 6 months? Please send me the link. I don’t believe that for a minute CBP has said that anywhere. I think you may have misunderstood the subtle difference between how they view before and after 6 months. Here is CBP clearly saying you only need a reentry permit if you’re gone for more than a year: https://help.cbp.gov/app/answers/de...cuments-needed-for-lawful-permanent-residents
Well I know enough people, including the rest of my family, who stayed out longer than 6 months with no problem, but quite honestly if all you are doing is reading what everyone says on the internet you’re never going to be satisfied with what someone else says because the next person will say something different. And then you’re paying a lawyer too but clearly don’t trust him if you’re on here asking for more advice?
Your naturalization clock does reset if you stay out longer than 6 months though.
Thanks again Susie.
I have to admit that I got carried away with reading and listening people`s stories about "problems" at the border, even if they didn`t overstay abroad for more than 6 months. Most of the websites where I read about those stories recommend, of course, to "contact experienced immigration attorney'' etc. I did not fully believed it, so I have been investigation the matter further. The attorney who I asked, is the one whose service I used some years ago for my nonimmigrant visa, and wanted to know his opinion about it, without even paying, so I am not even sure he took time to even think through my situation (no wonder).
That is why I am trying to find somebody with knowledge on the subject. I even asked somebody on this forum (different thread), and I was advised to apply for the permit..... So I came back here, because for the last year you guys helped me and other people, and proved you are very knowledgeable on the subject. I am so happy that you are still here Susie!
On the same CBP website (your link) i read:
"LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101:
8 USC 1101(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous period in excess of 180 days.
What does it mean exactly? Do I have to be prepared and have any documents with me upon returning to the US? I will keep my bank accounts but I will not keep my insurance or lease ( I am planning to look for new place to leave when I get back from travels). In AU i am planning to work for couple of weeks/months.....Do you know maybe what I should expect when I return?
I have to admit that I got carried away with reading and listening people`s stories about "problems" at the border, even if they didn`t overstay abroad for more than 6 months. Most of the websites where I read about those stories recommend, of course, to "contact experienced immigration attorney'' etc. I did not fully believed it, so I have been investigation the matter further. The attorney who I asked, is the one whose service I used some years ago for my nonimmigrant visa, and wanted to know his opinion about it, without even paying, so I am not even sure he took time to even think through my situation (no wonder).
That is why I am trying to find somebody with knowledge on the subject. I even asked somebody on this forum (different thread), and I was advised to apply for the permit..... So I came back here, because for the last year you guys helped me and other people, and proved you are very knowledgeable on the subject. I am so happy that you are still here Susie!
On the same CBP website (your link) i read:
"LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101:
8 USC 1101(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous period in excess of 180 days.
What does it mean exactly? Do I have to be prepared and have any documents with me upon returning to the US? I will keep my bank accounts but I will not keep my insurance or lease ( I am planning to look for new place to leave when I get back from travels). In AU i am planning to work for couple of weeks/months.....Do you know maybe what I should expect when I return?
SusieQQQ
Well-Known Member
Basically it means you get a couple more questions. As long as you’re coming back on a one way ticket (or the return part of a return ticket from the US) you’ll be fine.
Sm1smom
Super Moderator
It shouldn’t.
Thank you.
I read a comment here that someone was denied a DV based AOS because they were n0t considered to be in the United States when the results were announced. Not sure if this is related, but when I filled out the application for the DV I did it while in the United States on a temporary status. One of the questions is, country where you live today, I selected my home country since it was a temporary visit in the United States. I found out I was a winner again while in the United States since I extended my stay. Can my AOS be denied because I put country I live today my home country but was physically in the United States? Again I thought "live" means permanently. My interview would also be in Houston just like the person who had that denial.
costacosta
Member
Hi Mom,
I`ve just checked online official results of DV 2017 visa issuance and it looks like that in total they only issued 49,976 visas and obviously all the numbers did not expire. Does it give you any chance to do anything?
I`ve just checked online official results of DV 2017 visa issuance and it looks like that in total they only issued 49,976 visas and obviously all the numbers did not expire. Does it give you any chance to do anything?
Sm1smom
Super Moderator
Makes no difference if all 50,000 visas got issued or there’s 1,000 visas left. DV 2017 is done and done with. No DV 2017 visa can be issued from Oct. 1st 2017, that FY year is over and done with.