Reentry permit / Overseas stay

[phant]

Dear Sir

In Sept 2006, my wife and I were granted GC's under the DV2006 program. In January 2007, we landed in the US - our GC's were validated and we got our social security numbers. Three weeks later, we returned to our home country (South Africa) to finialise immigration arrangements.

At present we remain in South Africa. I recently received news that I have been placed in a job that starts July 2008. Should my wife and I only plan on finally moving to the States in July 2008, what is the best way to ensure our permanent residence status remains intact?

Are we allowed to stay out of the country for a year? We were thinking of briefly landing in the States again in December 2007 (before we were out of the country for a year) and then finally returning in 2008. Is this an acceptable course of action? Do we need to be in the country for a minimum period of time for this to work?

Thanks for your help in this matter!

 

[Catseyes]

I would suggest to use caution:

_ trips < 6months: no problems with GC, continuous residency ( for naturalization ) not broken
_ 6m < trips < 1 year: gray area ( continuous residency is likely to have been broken, burden is on YOU to show your ties to the US so that you did not break the permanent resident intent )
_ trips > 1year: continuous residency is broken, GC is broken ( unless a reentry permit was obtained )

However, the immigration officers can question your intents for ANY period.
(it is not really better to be out for 182 days instead of 184 days.)

I would have suggested to have applied for a reentry permit before leaving the US the 1st time if you knew you would not really come back before some time. ( the I131 has to be filed while still in the US ).

http://www.hooyou.com/reentrypermit/...glegalPRS.htm
http://www.immihelp.com/greencard/reentry-permit.html
http://www.uscis.gov/files/article/B5.pdf

briefly landing in the States again in December 2007 (before we were out of the country for a year)

That sounds fishy with respect to your immigration intententions.
And coming to the US once in a while is definitely not an acceptable course of action ( quote from your post ).

If I understand your timeline correctly:
_ GC granted in Sept 06 ( as DV, 6m to enter the US )
_ POE in the US in Jan 07.
_ Exit of the US around Feb07
_ Potential travel to the US in Dec 07 : about 11months out !!!
_ Exit of the US around Dec07 / Jan 08 ( ...South Africa)
_ Coming back for good ( ? ) in July 08 : about 6months out again!!!
Without a REP, this is not reasonable to me.
When I am out of the US for just over a month, I already get a special note under my reentry stamp ( I do not lie to IO ). My personal opinion is that you would get into trouble.

 

[phant]

Reentry permit

Dear Catseyes

Thanks for your advice. OK, if we reenter the country within 6 months of leaving and apply for a reentry permit whilst in the States, would it then be permissible to return to start work mid 2008?

Thanks again!