cinderella

I have received our interview date for the DV2011 Lottery, can any one tell me the following.
If we are granted a DV Visa, do we have to migrate and and be living in the USA by September 30 2011 or is there a longer period of time when this has to be completed by?

Thanks.

ian-mstm

I believe you have 6 months to use the visa after it's issued. So, within 6 months you must enter the US to activate the visa. Once you enter the US you will immediately become US permanent residents (= green card). Once the visa is activated you can return and finish up any unfinished business you have... and then return to the US to live. Once the visa is activated, don't stay outside the US for more than 6 months.

Ian

cinderella

Ian thank you.
So say we still couldn't go for good 6 monthsafter we activate, could we go for another holiday?

Noorah101

What do you mean? Once you enter the USA using your Immigrant Visa, you become a US PR, and your permanent home is the USA. You will be holidaying outside the USA from then on. It's not a good idea to spend TOO much time outside the USA once you become a PR, usually not more than 6 months at a time, and not 6 months back to back with a short trip to the USA in between.

Rene

ian-mstm

Once you activate the visa, you become a US permanent resident... the US becomes your permanent home... there are no more holidays to the US. You live in the US and you visit outside the US... not the other way around.

However, just to clarify, are you asking about what would happen if you come to the US to activate the visa and then return home and stay there for more than 6 months?

If you plan to remain outside the US from between 6 months and 2 years, you must first get a re-entry permit (I-131). If you think you'll be done after 6 months but less than 1 year, you don't need a re-entry permit, but it's recommended.

Also, after 6 months, the naturalization clock stops. After 1 year, the naturalization clock resets completely. Read the Guide to Naturalization (M-476).

Ian

cinderella

Thank you very much for your help. Appreciate it.

meauxna

I disagree with Ian's general reply because DV winners DO have to enter within their DV year to get their visa number used.

You might want to look into this further.

cinderella

We can enter before the end of the DV year, Sept 30, 2011. But we can not stay for good from then. Thinngs have changed in our family life since 2009 when I did the entry. Now we could not go for good for at least 18 months.

ian-mstm

In that case, enter before 9/30/11 and apply for a re-entry permit. You'll need to remain in the US long enough for biometrics, but then you can leave and have someone mail you the permit once it arrives. Be sure to provide a stable mailing address in the US. This will help to preserve your status as a PR. It is not a guarantee... there is never a guarantee... but it will certainly act in your favor.

If you don't think that's doable, your only other option is to abandon your DV lottery win... and let someone else move forward.

Ian

meauxna

I see. Well, if you really want to hang on to that green card, you may want to invest a little in making a plan with an immigration attorney, so you don't misstep. There are a couple of articles on uscis.gov regarding your rights/responsibilities as a PR, but they are not very comprehensive and do not cover things like your income tax reporting obligation and the details of how to maintain your residence in the US when you are not actually living here.

I don't think it is adequate to just turn up, become a PR and leave again.. even a re-entry permit may not do what you would intend.
I hope you get some more information so you can make it all work out.