Just Got the Green Card and have travel question

D

DV2006EU34XX

Registered Users (C)
Hello everyone,
I guesss here we all got our greencards:) I was in another DV Lottery section for one year and now finally I moved here:)
Anyways,
I just got my greencard and I have a travel question. We have family business in my home country and I want to work with my parents for at least 3 years in order to get experience and then I wanna open my own business in USA. But I will be keep entering US every after 5 and a half months not to loose my Green card. For this do I need re-entry or advanced parole or any other permission? and while entering will there be any problem?

Any comment, advice will be so helpful.
Thank u all in advance.
 
Applying for the I131 ( reentry permit ) will give you two years. You will protect your GC. The only thing you will loose is the time you already spent in the US toward citizenship.
If your stay abroad is less than 12months, the continuous residency ( you wouldn't have lost the time ) will not necessarily be broken : you would have to prove yourself ( at the naturalization interview ) that you did not break it : tax return as resident ( IRS forms 1040 serie ); rent stubs ( if you maintain a residence in the US ), active credit cards...
But if it's more than 12 months, it is broken for sure.

You could reapply for another reentry permit, but it is likely this one would not be for another 2years.

In theory abroad stays of less than 6months do not break the continuous residency. However, doing reentry every 5months for 3years will probably look suspicious, and you should expect a more thorough inspection.

Where would be your wife and kids ( if you have any )?
Why not pay the fee for the permit and be safe ?
 
Catseyes said:
Applying for the I131 ( reentry permit ) will give you two years. You will protect your GC. The only thing you will loose is the time you already spent in the US toward citizenship.
If your stay abroad is less than 12months, the continuous residency ( you wouldn't have lost the time ) will not necessarily be broken : you would have to prove yourself ( at the naturalization interview ) that you did not break it : tax return as resident ( IRS forms 1040 serie ); rent stubs ( if you maintain a residence in the US ), active credit cards...
But if it's more than 12 months, it is broken for sure.

You could reapply for another reentry permit, but it is likely this one would not be for another 2years.

In theory abroad stays of less than 6months do not break the continuous residency. However, doing reentry every 5months for 3years will probably look suspicious, and you should expect a more thorough inspection.

Where would be your wife and kids ( if you have any )?
Why not pay the fee for the permit and be safe ?
Click to expand...


Hey Cateyes,
Thank you for the response. Appreciated. I am single. I dont mind paying for the fee but in the re-entry permission form it says only government related employees, American company employees and athlets..etc can get 2 year permission. Otherwise it is too hard to get 2 years permission. I will be coming back every after 5 months so I think I dont need the permit I guess. I talked with the 1-800 number and they told me like there is no limit how many times to enter and exit USA for 2 years. As long as I dont stay more than 6 months out of USA, not a problem for 2 years but then I have to live here for 30 months. What about when I apply for re-entry permit and then if they deny it??? I thought maybe the denial will make it worse and they might enter in my database that i inteded to get the permit means will be gone for 2 years and it might cause more problem at the port of entry. What do you think? The 1-800 number lady told me for the first year no problem, during the second year risky , third year i can loose my permanent resident card...
 
I guess you are confused : there are 2 very distinct forms:
_ the I131 : reentry permit : in your case, you would apply to protect your GC. Meaning : you could live abroad for up to 2years without risking to loose your GC.
You do not need to have very specific reasons, even if there is a section in the form that asks why you want to go abroad.
_ the N470 : this form is to portect your continuous residency status, ie the time you lareday spent in the US that counts toward citizenship.
But not everyone can apply, as there are restrictions , which are the ones you mentioned : for example, if you will be working for a US company AND you have left the US for one entire year without any absences. ( that's why I couldn't apply for it : I was going back to Europe often for my work and holidays...)

If you apply for a reentry and are approved, there are no restrictions to the number of entries to the US.
And I would add that I think it is better for you to apply for it now : if you apply for it ( when physically present in the US ) after a couple of entries every 6months, that won't look too good.

I think USCIS was somewhat right, even though I am surprised you were advised to do so. It would probably be okay the first times. But I wouldn't recommend it. As you are a DV winner, you have probably read my posts ( experience and big info thread ) : I rather play it safe !
For my job ( supposedly 10month assignment in Brussels ), I preferred to apply for the reentry permit because if for any reasons I need to stay in Europe longer, I don't want to loose my GC.
 
Catseyes said:
I guess you are confused : there are 2 very distinct forms:
_ the I131 : reentry permit : in your case, you would apply to protect your GC. Meaning : you could live abroad for up to 2years without risking to loose your GC.
You do not need to have very specific reasons, even if there is a section in the form that asks why you want to go abroad.
_ the N470 : this form is to portect your continuous residency status, ie the time you lareday spent in the US that counts toward citizenship.
But not everyone can apply, as there are restrictions , which are the ones you mentioned : for example, if you will be working for a US company AND you have left the US for one entire year without any absences. ( that's why I couldn't apply for it : I was going back to Europe often for my work and holidays...)

If you apply for a reentry and are approved, there are no restrictions to the number of entries to the US.
And I would add that I think it is better for you to apply for it now : if you apply for it ( when physically present in the US ) after a couple of entries every 6months, that won't look too good.

I think USCIS was somewhat right, even though I am surprised you were advised to do so. It would probably be okay the first times. But I wouldn't recommend it. As you are a DV winner, you have probably read my posts ( experience and big info thread ) : I rather play it safe !
For my job ( supposedly 10month assignment in Brussels ), I preferred to apply for the reentry permit because if for any reasons I need to stay in Europe longer, I don't want to loose my GC.
Click to expand...

Thank you Cateyes for the valuable information. Yes I am DV winner too and I have read your posts. I dont know why the 1-800 advised me like that but my local office told me that I better be careful because they said many people lost their permanent resident status and could'nt enter the USA because of keep coming and leaving the USA. They also said if you will not live in the US why did you get the Green Card. They mean we have to live here and i told her that i have to do like that in order to establish my own business in US in the future. She was like' I am sorry I cant help you with this you better be careful with keep coming in and out' I was so mad and didn't know what to do but then 1-800 told me no problem for two years if you will come every after 5 months. It is crazy everybody saying different. Anyways I did apply for re-entry yesterday and i have another quick question for you. In the form it says they may ask addition evidences or may ask to show up in USCIS office for interview. If they do like that I will be in my country and will not be good. I can not come here i guess because of work. Did you get the re-entry permission? if yes did they ask any additional papers? I chose to receive my re-entry permit at US consulate in my country because I will leave 6th of September probably until they make the decision I will be gone. I hope the process takes only one month and before i leave they can give me a decision...
 
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I applied for the I131 on May 15th, and I received it last week = less than 3m. It was sent by USCIS to my lawyer ( a company benefit...), who FedExed it to me.

No, I just sent the info back to the lawyer : filled out forms, photos,scans of DVL and passports/GC and letter of assignment from our employer ( I am married, and we are both treated as expats so that we are paid in the US in USD while we are working in Euopre : those are ties that can help for the naturalization )
No interview.

The rule is to apply when you are physically in the US. But there is NO need to wait to actually get the reentry to leave. You can leave, and receive it at the local US consulate.

I rather agree with the advice you were given at the local USCIS office : it is possible that it would be unnoticed, but I wouldn't want to take any risks.
 
Catseyes said:
I applied for the I131 on May 15th, and I received it last week = less than 3m. It was sent by USCIS to my lawyer ( a company benefit...), who FedExed it to me.

No, I just sent the info back to the lawyer : filled out forms, photos,scans of DVL and passports/GC and letter of assignment from our employer ( I am married, and we are both treated as expats so that we are paid in the US in USD while we are working in Euopre : those are ties that can help for the naturalization )
No interview.

The rule is to apply when you are physically in the US. But there is NO need to wait to actually get the reentry to leave. You can leave, and receive it at the local US consulate.

I rather agree with the advice you were given at the local USCIS office : it is possible that it would be unnoticed, but I wouldn't want to take any risks.
Click to expand...

Allright cateyes thank you for spending your time with replying. You guys have good luck in Europe and take good care of yourselves.
 
DV2006EU34XX,

#1 Please forget 1-800. They are often giving wrong advice. To be honest, they are not supposed to be your consultant or lawyer, so I do not blame them for a second.

Learn lesson #1 from US system: You are soley responsible for your actions, and what 1-800 is saying or anyone else will not matter once you break the law or get in trouble. That is why, most of the people either get to know law very well or they simply hire lawyer.

#2 Your plan will get you in trouble. You are defacto planning to use GC as the visitor's visa, and IO officers will detect that should they start to question you at the secondary inspection. They will take you GC away.

You can not fool system by "technical" compliance (for example: my 5 visits were 5 months and 20 days). You need to have actual compliance and well-established residency.

To be honest, I do not know why you need Green Card if you do not want to live in US???? Why bother? Whenever you need to enter US, get yourself visitor's visa (that would be more easier and less pain).

The most famous case that talks about the issue you mentioned is "Matter of Kane", where Vietnameese LPR arrived to US to formally fullfill <1yr requirement by staying for several weeks each year. Jugde ruled that she lost her GC.

#3 I think that INS officer that you talked in person told you good information. Maybe you will get away once or twice, but you are gambling with your status for sure.

P.S.: I'm not a lawyer. I'm not an expert. I'm just an ordinary guy and you are soley responisble for your actions.
 
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