Regarding the 12 month period prior to moving.

Discussion in 'Lottery Visas - DV' started by Peter89A, Jan 14, 2018.

  1. Peter89A

    Peter89A New Member

    My wife and I would like to thank everybody on this forum, for your help and information that you share with us! - It has been a great help!

    A quick question, we went for our activation trip 30 of june 2017. We plan to move this year in end of may or early june 2018, which would make it 10-11 month outside US borders. We will of course buy a 1-way ticket, have proof that we have sold our apartment.

    I am quite conviced that it won´t be any trouble, we are decent people.
    My wife is quite worried over this as she had read 6-12month, she wants to know if there is any document from UCICS that statse that DV-winners can be away for 12 month before the final move.
     
  2. George67

    George67 Member

    This is the issue of abandonment of Permanent Residency rather than just 12-month rule. Whether one has abandoned LPR status depends on intent rather than the length of time spent abroad. One who is absent from the U.S. for 12 months or more will be presumed that he or she has abandoned the Green Card and will be required to rebut such presumption by presenting evidence that he/she indeed lives in the U.S. 10-11 months should be fine.

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    Last edited by a moderator: Jan 14, 2018
  3. Sm1smom

    Sm1smom Super Moderator

    There’s no official document that explicitly states this that I’m aware of. I’m however aware the practice of leaving and staying UP TO 12 months within the first year of becoming a LPR without being considered to have abandoned permanent residency is not new or strange to CBP agents at the POE, especially for DV based immigrants.
     
  4. SusieQQQ

    SusieQQQ Well-Known Member

    Not specifically, there is just the general notes about green card holders not staying out longer than 12 months before being presumed to have abandoned residence /need a reentry permit.
    Example https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

    Don’t be surprised if you do get questions from CBP on your way in, as it is a fairly long time out. Just answer truthfully and respectfully. (The only people with the absolute right for readmittance are citizens so don’t start trying to shout about rights or anything.)
     
  5. Peter89A

    Peter89A New Member

    I see, thanks for the information.
    The reason for the absence is due to my univeristy studies, whick will be done in late may.

    But I suppose having proof of that, 1-way ticket, proof of us selling our apartment and finished our tax-return should be enough! :)
     
    Guriix likes this.
  6. Guriix

    Guriix Registered Users (C)

    Just be ready with those answers if CBP does ask and you should be good.
     
  7. Peter89A

    Peter89A New Member

    It all went good. We landed in Austin, the CBP asked for how long we have been out of states, we told him 11 month, and explained that we prepared for the move.
    He said "ok, welcome"

    Easy peasy
     
    Guriix, kb's quest and Frantz like this.

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