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Query re 12 month rule for greencard holder

C

cam501

New Member
I hold a DV1 greencard, won through the lottery. I arrived into the US on Dec 25 2011 and had to depart unexpectedly on Jan 5 2012 back to my home country. My understanding is that to keep a greencard the holder must remain living in the US. And from what I've read u must not leave the US for more than 12 months at any one time. I don't actually plan to be back within the 12 month period, but am looking at returning and actually living there sometime in 2013. I don't know how scrupulous the authorities are in maintaining that rule or indeed whether they know when I re-enter the country how long I have been away for.

My passport was of course stamped on entry on Dec 25, but there's nothing in it stating the date i left. Which doesn't mean there is no record somewhere - perhaps they have an electronic record of it from when my passport was checked on exit (I can't recall what they did when I left the US on Jan 5).

So my queries are:

-Does anyone have any idea how the "can't leave the US for more than 12 months at any one time" rule is policed?
-When you re-enter the US each time are you questioned on what you are doing - ie do u have a job? place to live etc?
-If i return to the US before Jan 5 2013 does that therefore mean I then have another 12 months to return?

Any light that someone can shed on any of the above I'd be really grateful.

Thanks.

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Thanks for the links.

Most is now clear. Can someone give advice on this scenario.

I intend to return to the US in December (thus will have been away for about 11 months), for job interviews, for 1-2 weeks. I then intend to return to the US mid 2013. I'm concerned that at either time of entry I will be refused as I have little evidence of living and working there previously. I will file a tax return however.

The reason I am confused as to whether this is still allowed is from the wording on the US Citizenship and Immigration Services website. It states:

[B]Abandoning Permanent Resident Status[/B]You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently
Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. 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
Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. 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
Fail to file income tax returns while living outside of the United States for any period
Declare yourself a “nonimmigrant” on your tax returns


I will have complied with all the above conditions, but the first one "Move to another country intending to live there permanently" is vague. My intention when I left the US in January this year was not to live somewhere else permanently, but to return to the US at a later stage. Ditto again when I return to the US and leave again in December this year (with the intention of returning to settle in mid 2013. So if I am able to show intention of returning in mid 2013 (and therefore ruling out the first obligation of not moving to another country to live there permanently) does that mean I will be OK with gaining entry in December and mid 2013.
 
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