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Advice needed: Greencard Lottery

Advice needed: Greencard Lottery

Old Oct 1st 2005, 4:17 pm
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Default Advice needed: Greencard Lottery

I hope someone can help me with a rather complicated situation:

I am a greencard holder, I lived in the U.S., then moved abroad 2 years ago. I did not apply for a reentry permit but I have travelled to the States several times a year. I would need to return before January in order to keep my status but I will likely not be able to.

My husband (German citizen) and I are considering applying under the Diversity Visa lottery program, however that ends in December of this year. The selection will not be made until next spring, when my permanent residency status will officially have expired.

My question: can I still apply for the lottery even though my status has not officially expired yet? Or is there a way to "cancel" my permanent status now, so that I would be eligible? And will my "abandonment" of permanent residency count against me if I were to be selected from the lottery?

I would be grateful for any advice or links to websites where I can find more information - THANKS!!!
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Old Oct 1st 2005, 4:23 pm
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Default Re: Advice needed: Greencard Lottery

Originally Posted by confused
I hope someone can help me with a rather complicated situation:

I am a greencard holder, I lived in the U.S., then moved abroad 2 years ago. I did not apply for a reentry permit but I have travelled to the States several times a year. I would need to return before January in order to keep my status but I will likely not be able to.

My husband (German citizen) and I are considering applying under the Diversity Visa lottery program, however that ends in December of this year. The selection will not be made until next spring, when my permanent residency status will officially have expired.

My question: can I still apply for the lottery even though my status has not officially expired yet? Or is there a way to "cancel" my permanent status now, so that I would be eligible? And will my "abandonment" of permanent residency count against me if I were to be selected from the lottery?

I would be grateful for any advice or links to websites where I can find more information - THANKS!!!

Wrong Forum, try the Immigration Forum.

BUT

You may well have abandoned your status already:

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns.

I believe that you can also 'hand in' your GC.

I can not see why you could not qualify for the Lottery because you were a GC holder in the past.
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