Going home for a while after receiving GC???

[borufkaberry]

So, I am currently adjusting my status under the lottery option for a Green Card. If I get it, I think there's a chance that I will go back to Europe for a while, since I miss my family and friends and home. But, at the same time, I am pretty sure I would like to return to the US and live here again.

Is it at all possible to split yourself between two countries whilst maintaining permanent resident status? Can I just return for a short period of time once a year and not get in trouble? Note: I do not intend to file for citizenship anytime soon.

Any help greatly appreciated. Sorry if something similar has been asked before.
Most posts on the topic had very specific reasons for leaving.

 

[wik]

Is it at all possible to split yourself between two countries whilst maintaining permanent resident status? Can I just return for a short period of time once a year and not get in trouble?

No, and no. You should search these forums as many of the gurus have posted ample information about your responsibilities as a Legal Permanent Resident, how to maintain status, and - most importantly - how to (easily) lose your status.

Hey, you won the lottery. Don't blow it all away. There are many people here who have languished for years through the employment or family based processes who can only dream of winning the lottery.

 

[Catseyes]

Dear Borufkaberry,

I also got my GC through the Lottery. After about a year of GC, my employer offered me to go to Europe to work there. I accepted because it is a great career opportunity BUT I said I would only accept it was going to be for less than a year and if the company's lawyers would take care of my US immigration status.
So, I got a reentry permit ( in theory, if < 1year, I 131 is not required, but i preferred to be safe just in case ) to protect my GC for up to 2years abroad.
I've been in Belgium for the last 6 months, and I'm currently negotiating my return to the US for June.
My expatriation back to Europe is costing a lot of money to my company : to maintain strong ties to the US, I'm still under US benefits ( US payroll, 401(k), medical insurance, plus I negotiated frequent trips to the US...).

What I'm trying to say is that I had made clear from the beginning with my employer that the US is my home.

There are things that you can do to protect your GC : you can apply for a reentry permit ( I131 ) : it would protect your Permanent resident ( GC ) status for up to 2 years ( you need to apply while still living in the US ).
Then, there is the continuous residency requirement for US naturalization. ( the I131 won't do anything. If you are eligible, there is the N470 ).
In your case, I would be most worried about protecting your GC for now ( once you get it ).

From http://www.hooyou.com/reentrypermit/maintainninglegalPRS.html :

Legal Permanent Resident (LPR) status is not a legal right but a revocable privilege, which means that an alien may lose his/her LPR status even after he/she has already received a green card. Although he/she is a LPR, he/she remains an "alien." It is, therefore, possible for him/her to lose LPR status under certain circumstances

Can I just return for a short period of time once a year and not get in trouble?

From http://www.hooyou.com/reentrypermit/maintainninglegalPRS.html :

Many green card holders accordingly believe that in order to keep their LPR status they can simply return to the U.S. once a year and stay for several weeks. This, however, is a grave error. Merely returning to the U.S. and using the green card once a year, however, has little bearing on the question of whether the LPR has maintained the intention to remain a permanent resident of the U.S. In fact, although some aliens have returned the U.S. more often than once a year, they lose their LPR status because they lack sufficient ties with the U.S. indicating that they consider the U.S. to be their country of permanent residence.

As you were advised by Wik, research the forums here. Very similar questions have been asked already, and they all got the same kind of answers.
My own advice : better be safe than sorry. If you truly want to live in the US, don't jeopardize the great chance you were given ( especially as a DV winner ! )

 

[Superstring]

QUESTION: Is it at all possible to split yourself between two countries whilst maintaining permanent resident status? Can I just return for a short period of time once a year and not get in trouble?

ANSWER: No, and no. You should search these forums as many of the gurus have posted ample information about your responsibilities as a Legal Permanent Resident, how to maintain status, and - most importantly - how to (easily) lose your status.

Hey, you won the lottery. Don't blow it all away. There are many people here who have languished for years through the employment or family based processes who can only dream of winning the lottery.

Borufkaberry, No and no.

You recieved very good advice from wik and catseyes. Right on the money.....I would second that 100%. Couple of other thoughts:

1) GC is not intended to serve as super tourist-visa for ppl residing in a foreign country so that these folks can have "hassle-free" entrance to US whenever needed.

2) USCIS is looking for your REAL residence in US - not a fake schemes of coming back to US for a week or two. That is not going to fly and you will eventually get caugth....which means that GC can be taken away from you right at POE.

Advice: You do not need GC if you do not want to live (for real) in us NOW.

Good luck!

P.S.: I'm not a lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.

 

[borufkaberry]

Thank you, guys.
To explain: I'm not looking for a super-tourist visa, a hassle free way to get into the US, nor do I want to play games with the authorities.

I came to the US by myself when I was fairly young (20) and never anticipated staying forever. When I won the lottery, I decided to give it a shot.

But my parents are getting old and I miss them, and I also miss my friends and some things about Europe in general. And I don't feel mature enough to make such a longlasting decision. I don't want to look back and realized that I spent the last few years of my parents being alive working some shitty receptionist job in the US.

At the same time, I don't want to give up a privilege as great as a greencard and regret it someday. Has anyone of you had similar issues? No?

I guess that's the personal side that every legal issue has.

 

[TheRealCanadian]

I came to the US by myself when I was fairly young (20) and never anticipated staying forever. When I won the lottery, I decided to give it a shot.

Unfortunately, the lottery is just that - permanent residence.

At the same time, I don't want to give up a privilege as great as a greencard and regret it someday. Has anyone of you had similar issues?

Life is full of choices, and every choice you make has advantages and disadvantages. You need to determine wether losing US permanent residency is outweighed by being close to your parents and relatives. There are no free lunches in life.

 

[equate]

Get the reentry permit, and that will give you 2 years to decide whether you want to stay in Europe or come back to the states.

That just means if you do make up your mind to apply for citizenship someday, you'll have to wait 7 years.

 

[byegeorge]

Yeah, just get a re-entry permit (REP) and you will be fine. Get details on REP from here http://www.uscis.gov/files/article/B5.pdf

As you will read, the REP is designed for people like yourself who want to stay abroad for extended periods of time. It is valid for 2 years, but you can easily get another one after it expires (the only requirement is that you apply while in the U.S). This means that you can be technically outside the U.S. for upto 4 years or more withoout any problems. Getting an REP after the second one expires might be more difficult, but by then you probably would have made up your mind about living in the States

Good luck

 

[Superstring]

Life is full of choices, and every choice you make has advantages and disadvantages. You need to determine wether losing US permanent residency is outweighed by being close to your parents and relatives. There are no free lunches in life.

Great comment!!! You can not eat the cake and have it at the same time.

Borufkaberry, more or less, most of the immigrants had to make the same type of "hard" choice (if not for the parent, then for job, or friends, or love or property or....). I do not beleive that you can sit on the two chairs, because (1) you will do the damage to one of the chairs sooner or later; (2) it will cost you double more $$$ and time and efforts and nerves and stress and (3) it is not the natural state.

You are maybe not looking to have super-tourist visa, but certainly looking for the super-life-insurance in the form of GC. You are putting too much faith in that. GC means nothing....not a success....not a job....nothing. I would always trust myself as an insurance policy over GC or anything else....For example...if you are great expert, you will always be able to get new visa and immigrate where you want. Not only in US.

Do not work life around immigration, but immigration around life!

Life is full of opportunities....and solutions....many folks bring their parents with them to US (petition for their green card once they rcv citizenship)....many do not immigrate to US and have a great lives....many folks are happy with an occasional parent's visits to US (on tourist visa)....some have relatives help their parents in home country...some do travel to home country more often....etc. Some parents love US, some can not manage it all- they do not speak the language, have a hard time with its culture etc....

You are master of your life and while you should respect your parents and help them....but at the end, this is about you and your choices and your direction.

I would put yourself first, then other people and then the immigration.

Get the reentry permit, and that will give you 2 years to decide whether you want to stay in Europe or come back to the states.

That just means if you do make up your mind to apply for citizenship someday, you'll have to wait 7 years.

I agree. But, this is only the temporary fix. You still need to make a decision. One or two years will not solve a thing. I would argue that your parents will just get more older than they are now...and you will be in the same spot with probably more difficult task at hand.

If I were you, I would deal with the choice right now and plan accordingly. For example (not recommending or saying that you do this - you will know what is best for you).....if you want to sponsor your parents to be with you in US one day...if I were you...I would work towards citizenship and planning to have them move with me in next 5-10 years. (this is just a pure example) However if you wait with re-entry permits, you will loose precious time for citizenship and will have to move their sponsorship further in the future, say over 10 years.

Good luck!

P.S.: I'm not a lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.

 

[ApplyinMidwest]

Straight to the point comment here:
Definitely get the re-entry permit. You can get reentry permit multiple times, but not forever. The only negative is, you will have to wait a long time for citizenship. Meanwhile you can decide on what to do. You were lucky enough to win the lottery, so don't give it up. People went thru years securing a GC.

Edit: here's a very useful link
http://www.immihelp.com/greencard/reentry-permit.html

Good luck!