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  • last date to visit us for green card

    hi:
    i am from mumbai-india

    1. assuming my F3 visa interview is held on 15feb18, & the interview goes ok & my permanent residency (green card) is approved (on, let’s say 18feb18) , what would be the last/latest date on which i WILL have to land in usa for my green card.

    2. on my *first visit to usa for my green card, what MINIMUM period would i have stay (in usa), before traveling *back to india. (after procuring the gc)

  • #2
    Originally posted by ppvv View Post
    hi:
    i am from mumbai-india

    1. assuming my F3 visa interview is held on 15feb18, & the interview goes ok & my permanent residency (green card) is approved (on, let’s say 18feb18) , what would be the last/latest date on which i WILL have to land in usa for my green card.

    2. on my *first visit to usa for my green card, what MINIMUM period would i have stay (in usa), before traveling *back to india. (after procuring the gc)
    1. You will receive an immigrant visa, which is usually valid for 6 months. The expiration date of that visa is the last day on which you can use it to enter the US.
    2. There is no minimum period. You can take the next flight out on the same day if you want. Note that your travel abroad should be temporary or you risk abandoning residence.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      1. You will receive an immigrant visa, which is usually valid for 6 months. The expiration date of that visa is the last day on which you can use it to enter the US.
      2. There is no minimum period. You can take the next flight out on the same day if you want. Note that your travel abroad should be temporary or you risk abandoning residence.
      'There is no minimum period. You can take the next flight out on the same day if you want. Note that your travel abroad should be temporary or you risk abandoning residence. '
      so, the sole purpose of my visit to usa (after interview in my country) would be to be interviewed by a usa officer ON usa land.

      after procuring the gc, if i return back to my country for liquidating/disposing of my apartment/property/investments/car/.....which may take about a year or so...would the immigration officer at us airport -upon my rearrival- look at it in an understanding manner (for the long absence)

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      • #4
        Originally posted by dealsone View Post
        'There is no minimum period. You can take the next flight out on the same day if you want. Note that your travel abroad should be temporary or you risk abandoning residence. '
        so, the sole purpose of my visit to usa (after interview in my country) would be to be interviewed by a usa officer ON usa land.

        after procuring the gc, if i return back to my country for liquidating/disposing of my apartment/property/investments/car/.....which may take about a year or so...would the immigration officer at us airport -upon my rearrival- look at it in an understanding manner (for the long absence)


        If you re-enter USA within 6 months of your last departure date, usually you should be fine. Longer than 6 months, but below 1 year, it will raise suspicion of you have abandoning your residency. More than 1 year, you should have gotten Re-entry permit for that purpose - else you might face a lot of scrutiny at Port of Entry and the officer might

        1. request you to relinquish your GC
        2. bring you to an immigration judge.

        Best case scenario - you will be let in, but are you willing to risk it? So better plan to get a re-entry permit if you think you will be out for more than 1 year.

        Comment


        • #5
          Originally posted by abumiqdad View Post
          If you re-enter USA within 6 months of your last departure date, usually you should be fine. Longer than 6 months, but below 1 year, it will raise suspicion of you have abandoning your residency. More than 1 year, you should have gotten Re-entry permit for that purpose - else you might face a lot of scrutiny at Port of Entry and the officer might

          1. request you to relinquish your GC
          2. bring you to an immigration judge.

          Best case scenario - you will be let in, but are you willing to risk it? So better plan to get a re-entry permit if you think you will be out for more than 1 year.
          assuming, my GC gets revoked by the immigration officer when i *return to usa after a long absence, would that mean i would be denied entry on usa land & be asked to return to my native country from the airport itself.

          Comment


          • #6
            Originally posted by dealsone View Post
            assuming, my GC gets revoked by the immigration officer when i *return to usa after a long absence, would that mean i would be denied entry on usa land & be asked to return to my native country from the airport itself.
            The immigration officer at entry cannot revoke your permanent residency. The only thing they can do is pressure and scare you into signing the form to voluntarily relinquish permanent residency yourself. If you refuse, they can temporarily let you in and ask you to appear for removal proceedings at immigration court. Think of this as an "appeal" of the immigration officer's decision. The immigration judge in immigration court will again determine whether you have abandoned residence. Only the immigration judge in immigration court has the power to revoke your permanent residency.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by newacct View Post
              The immigration officer at entry cannot revoke your permanent residency. The only thing they can do is pressure and scare you into signing the form to voluntarily relinquish permanent residency yourself. If you refuse, they can temporarily let you in and ask you to appear for removal proceedings at immigration court. Think of this as an "appeal" of the immigration officer's decision. The immigration judge in immigration court will again determine whether you have abandoned residence. Only the immigration judge in immigration court has the power to revoke your permanent residency.
              ok, if the immigration judge decides to revoke my permanent residency, would i have to leave usa *immediately.

              Comment


              • #8
                Originally posted by dealsone View Post
                ok, if the immigration judge decides to revoke my permanent residency, would i have to leave usa *immediately.
                are you expecting to get a grace period or something?

                Comment

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