stevearnolduk

Hi All,

I'm currently living in the UK where I am from. I'll be receiving my US Permanent Visa in 2012 by virtue a family sponsored Visa (my Father resides in the US).

Background:

I believe that after a successful Visa interview, I will have 6months in which to present my Visa pack at the US border, and after then I will need to stay in the US for at least 6months per year in order to retain my Visa.

Question:

It's possible that I may wish to delay my entry to the US due to a financial transaction that I'm involved with that may require me to be in the UK for another year or two. Is it possible for me to delay using the Visa or do I simply use it or lose it?

Any advice...?
SA

Noorah101

You'll be receiving an Immigrant Visa (not "Permanent" visa).

This part is correct.

This part is incorrect. It's not a cut and dry 6 months per year. The issue is called "abandonment of PR status", so you'll want to research that more carefully. A totality of circumstances is taken into consideration, and is based in individual circumstances, not a flat out "6 months per year". You could be out for up to 2 years (get a re-entry permit first), or you could be out for 1 day, and still be seen as having abandoned your PR status.

Use it or lose it.

That said, have a consultation with an immigration attorney to discuss your plans. There could be a way to become a US PR and then spend a year or two outside the USA, but you must be careful not to abandon your PR status, and that's the tricky part.

Rene

stevearnolduk

Thanks Rene