• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

Regarding the 12 month period prior to moving.

P

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.
 
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.

- - embedded link removed by moderator - - ​
 
Last edited by a 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.
 
Peter89A said:
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.
Click to expand...
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.)
 
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! :)
 
Peter89A said:
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! :)
Click to expand...

Just be ready with those answers if CBP does ask and you should be good.
 
You must log in or register to reply here.
Top