Re-entering DV lottery

[Stephenau]

Hello, I was wondering whether entering the DV lottery as a permanent resident can effect their status? The obvious question would be why do this - if the permanent resident is unable to return to the US within 12 months but is hoping to get back there at some point, but enters the lottery while technically their status is still valid (and is also now planning to return within 12 months).

NB, have filed for a re-entry permit but at the time was too unwell to travel for part of the application process.

Thanks

 

[Sm1smom]

Entrants backgrounds do not get checked prior to the selection. As a matter of fact, a USC can submit an entry if they so wish. It's a different story though if they get selected and decide to pursue the selection.

 

[SusieQQQ]

I have read of one case of someone who had a green card, allowed his permanent resdiency to lapse and then won DV.
Of course, it's a lottery and so the worst possible way to try keep your green card when you have much more sure options available to you.
Also remember that unles you formally renounce your green card you still need to file tax returns, any lapse on that will presumably count against you in the event that you do get selected and pursue it.

 

[Stephenau]

Ok thanks @Sm1smom @SusieQQQ, re-entry permit is the only real option available though right? Other then just making another visit back to the US.

Side note, the last time I visited the US (Honolulu) CBP indicated a loose policy to allow permanent residents to be outside the US for the first 2 years of residency (so you could stay out longer than 12 consecutive months).

 

[SusieQQQ]

Side note, the last time I visited the US (Honolulu) CBP indicated a loose policy to allow permanent residents to be outside the US for the first 2 years of residency (so you could stay out longer than 12 consecutive months).

I strongly suspect you misunderstood something there.

 

[Sm1smom]

Ok thanks @Sm1smom @SusieQQQ, re-entry permit is the only real option available though right? Other then just making another visit back to the US.

Side note, the last time I visited the US (Honolulu) CBP indicated a loose policy to allow permanent residents to be outside the US for the first 2 years of residency (so you could stay out longer than 12 consecutive months).

I'm guessing the CBP officer may be referring to a situation in which a LPR is stuck outside the US beyond one year (without a re-entry permit) or two years (with a re-entry permit) due to circumstances beyond their control, such as being sick. In that case the person will need to apply for a SB-1 visa from a US embassy first, it's not a matter of just simply showing up at the POE and assume some 'loose policy' will be applied. Getting approved for a SB-1 visa by the way is often hard. Read more about it from the following link if interested:

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html

 

[SusieQQQ]

I'd be extremely wary of showing up after more than a year away on the basis of some CBP guy "indicating" loose policy in direct contradiction of everything official published by USCIS. indeed, our own experience of the kind of questions we were asked - on absences of far less than a year - imply such an attempt would simply confirm that you'll lose your green card, absent a SB1 visa or re-entry permit. (When you say you are "unable" to get back I assume you actually mean by choice rather than some issue physically preventing your travel, in which case an SB1 is an option.)