• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV expiration and Green Card expiration

J

John Locke

Registered Users (C)
I had my DV approved after consular processing. I have a temporary permanent residence visa pasted in my passport, which has an expiry date 6 months from the date of my interview (although it indicates that I have temporary permanent residence for 1 year). So I have to enter the U.S. before the 6 months are up.

My question is, in theory, could I travel to the United States and have the Diversity Visa activated, and then leave the country soon after? That way, my temporary DV would be replaced with a green card with an expiration date 1 year from the date I entered the US. I want to do this because I'm not quite ready to leave the country I'm in right now but don't want to abandon my green card.
 
I am sure I read elsewhere of DV winners going to say, Hawaii, activating their Green Card and then returning (to Australia in that particular case) for a few more months to prepare for the final move across to the US mainlaind.

Is this what you are meaning?

Warm wishes

Q
 
John Locke said:
I had my DV approved after consular processing. I have a temporary permanent residence visa pasted in my passport, which has an expiry date 6 months from the date of my interview (although it indicates that I have temporary permanent residence for 1 year). So I have to enter the U.S. before the 6 months are up.

My question is, in theory, could I travel to the United States and have the Diversity Visa activated, and then leave the country soon after? That way, my temporary DV would be replaced with a green card with an expiration date 1 year from the date I entered the US. I want to do this because I'm not quite ready to leave the country I'm in right now but don't want to abandon my green card.
Click to expand...

In theory, you can stay outside the USA for 1 year, but any length of stay outside US could trigger a secondary inspection at the POE and allows the CBP to make a determination whether you have indeed abandoned your PR status. Please read the webpage below. The most important sentence is:

"However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year."

http://www.uscis.gov/portal/site/us...nnel=3f443a4107083210VgnVCM100000082ca60aRCRD

At a minimum, apply for the re-entry permit before leaving the United States. Processing of Re-entry permit take a while, but you can collect it at a US consulate abroad. However, you must file for the re-entry permit while residing in the US.
 
Thanks for your answers. Yes, I just wonder what happens when you return a year later and they can see you were only in the country a few days for the first time.

I crossed the Canadian-US border recently (after my DV was approved) but the border guard wanted me to go in on a Visa Waiver Program and would not activate my green card. I wish the rules were clearer, but I suppose they want to be able to use discretion in each case.
 
Last edited by a moderator:
John Locke said:
Thanks for your answer. Yes, I just wonder what happens when you return a year later and they can see you were only in the country a few days for the first time.
Click to expand...

If you do plan an extended stay outside US, definitely file for Re-entry permit. You can find the Form I-131, Application for Travel Document on USCIS website.
 
John Locke said:
Thanks for your answers. Yes, I just wonder what happens when you return a year later and they can see you were only in the country a few days for the first time.

I crossed the Canadian-US border recently (after my DV was approved) but the border guard wanted me to go in on a Visa Waiver Program and would not activate my green card. I wish the rules were clearer, but I suppose they want to be able to use discretion in each case.
Click to expand...

How interesting that they wouldn't activate your Green Card? I thought it was activated at any POE. Should we be lucky enough to win the lottery, we had planned to visit family in Canada first and then enter from there. It sounds like that may be an issue.

hmmm..interesting.

Q
 
Qewty said:
How interesting that they wouldn't activate your Green Card? I thought it was activated at any POE. Should we be lucky enough to win the lottery, we had planned to visit family in Canada first and then enter from there. It sounds like that may be an issue.

hmmm..interesting.

Q
Click to expand...

This took me by surprise as well. The official was adamant I could not activate it in this way.
 
Our plans may be to fly in from Canada instead. So, if you entered in on a Waivered Visa, they expected you to activate it where?

Q

(sorry for all the questions, I'm just so surprised at this! :))
 
I should clarify, it was because I told hem that I wasn't staying in the US for long and that this particular crossing wasn't my immigration. But if I had said I was staying forever, it would have been activated no problem. Tell the truth to any immigration official is my best advice!
 
Ah I see. Indeed, having MUCH experience as an Aussie crossing over borders and entering the States a few times I know exactly what you mean. :) Literally the truth every time, saves for much pain later on.

Q
 
John Locke said:
I had my DV approved after consular processing. I have a temporary permanent residence visa pasted in my passport, which has an expiry date 6 months from the date of my interview (although it indicates that I have temporary permanent residence for 1 year). So I have to enter the U.S. before the 6 months are up.

My question is, in theory, could I travel to the United States and have the Diversity Visa activated, and then leave the country soon after? That way, my temporary DV would be replaced with a green card with an expiration date 1 year from the date I entered the US. I want to do this because I'm not quite ready to leave the country I'm in right now but don't want to abandon my green card.
Click to expand...
I did exactly what you're asking about.
I entered the US to "activate" the GC and left 7 days later.
I returned 5 months later (although you may remain outside the US for 12 months, try to keep your absence under 6 months as the CBP officers look very closely at absences greater than 6 months). They asked a few questions, pointed out to me that I must be living in the US and not just pop in every once in a while, and let me into the US. This entry was made using my permanent GC (not the temporary one in the passport)
I left the US 2 weeks later and eventually returned another 5 months later. I expected many questions this time around, but they just asked me a few simple questions and let me into the US.

So, to answer your question. Yes you can do as you suggested, but be mindful of the length of your absence. Note that although getting a re-entry permit allows you to stay away longer than 12 months (up to 24 months) you will still face the same possible "abandonment of permanent residency" issues.
 
Another reason why you should try to limit absences to less than 6 months is when you eventually apply for citizenship, one of the requirements are (taken from M-477):

If you have taken any trip outside the United States that lasted 6 months or more since becoming a Lawful Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:
1. An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years (or for the last 3 years if you are applying on the basis of marriage to a U.S. citizen).
2. Rent or mortgage payments and pay stubs.

If you cannot provide sufficient proof you might not get citizenship, or worse, be deemed to abandoned your permanent residency.
 
I know this is an old thread but I'm curious to know the experiences here.

I'm an expat residing in Toronto - my DV interview is in late July.

Assuming I am given the DV... I am under a contract and I am looking to have my employer relocate me (or alternatively pursue employment with a plan to move once it is secured - I may have some solid job leads) To do this I would like to have a buffer, is it feasible to enter the US in December en route to another country, have my DV stamped and validated, and sit tight for 5 months with the view to relocate before the dreaded 6 months out of the country is reached?

If so, is it sound advice to pick up the Green Card from the mailed address or have it sent to me after I have left the country?

I hope I've provided sufficient details. Any help would be appreciated.

ps. Having searched through similiar threads I know there is an opinion that if you don't intend on living there it is a bit pointless in applying - while I am planning on living there, there are still matters to take care of before leaving, work, family, moving house, etc - I'm just trying to understand the constraints.
 
You must log in or register to reply here.
Top