Green Card Holder - not in US

[Gianluca de Filippis]

Dear Group,

I am writing to seek guidance regarding my recent win in the Green Card Lottery and my current situation. I have relocated to Los Angeles, but I am facing delays in receiving my Social Security Number (expected to arrive within three weeks) and my physical green card (which may take up to 90 days).

Given these circumstances, I have a question regarding the requirements for maintaining my Green Card status. Is it necessary for me to remain in the United States, or am I permitted to return to my home country, search for employment, and then move back to the US?

I am seeking clarification on the duration of time I must spend in the US each year to comply with the Green Card regulations. Is it sufficient to spend only one day per year, or am I required to stay for more than six months?

Thank you in advance for your prompt response and assistance in this matter!

 

[newacct]

but I am facing delays in receiving my Social Security Number (expected to arrive within three weeks) and my physical green card (which may take up to 90 days).

Your immigrant visa, upon entry, automatically turned into an I-551 (equivalent to the plastic green card, which is also an I-551 document) valid until 1 year after your entry. Within this 1 year, your immigrant-visa-turned-I-551 can be used for any purpose that a plastic green card can be used for, including working in the US, entering the US, petitioning relatives to immigrate to the US, etc. Until 1 year after your entry, it should not matter how slow your plastic green card is to be received. (And if it is still not received close to 1 year after your entry, you can get an I-551 stamp as proof of permanent residency.)

You do not need to have received your Social Security Number to start working. As long as you are authorized to work (which you can prove with your immigrant-visa-turned-I-551), you can start working while waiting for your SSN. You just need to tell your employer your SSN when you receive it.

Given these circumstances, I have a question regarding the requirements for maintaining my Green Card status. Is it necessary for me to remain in the United States, or am I permitted to return to my home country, search for employment, and then move back to the US?

You are a US permanent resident. You are supposed to maintain residence in the US, and the US is your "home country". You can take temporary trips outside the US.

I am seeking clarification on the duration of time I must spend in the US each year to comply with the Green Card regulations. Is it sufficient to spend only one day per year, or am I required to stay for more than six months?

There is no such clarification. Abandonment of residence is a subjective determination that looks at many factors, not just length of absence alone. There is no rule that says if you stay outside the US for less than X then you have definitely not abandoned residence, and there is no rule that says if you stay outside the US for more than Y then you have definitely abandoned residence. It is all a gray area, with increasing absence increasing the chances that you will be found to have abandoned residence, but it depends on other factors like whether you maintained a home in the US and what were your purposes for being abroad and whether that purpose had a definite end date.