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DV Green Card-When does one become a Permanent Resident?
Question:

This is my understanding - after the Diversity Green Card interview, the successful applicant will be given a Visa and he has to make a visit to USA within 6 months (?). After that, the Green Card will be sent to a US address designated by him. Is this correct?

Answer:

To all experts here

This is my understanding - after the Diversity Green Card interview, the successful applicant will be given a Visa and he has to make a visit to USA within 6 months (?). After that, the Green Card will be sent to a US address designated by him. Is this correct?

Another question - when does one become a Legal Permanent Resident of US? At the point of entry? Or immediately after the issuance of the Visa after the interview? Or after the issuance of the Green Card? Purpose of this question - to know when INS start counting the time spent in USA. For example, if one is considered a Permanent Resident upon the issuance of the Visa, that would mean that he has to stay in US for 6 months in the one year year following the issuance of the visa in order to maintain his Green Card. If one is considered a Permanent Resident at the point of entry, then it would be quite different as the clock will start ticking at a different time. So when does one becomes a US Permanent Resident?

One is a LPR the day they enter the US for the first time with the immigrant visa. They put a stamp in your passport and date it. It's valid for 1 year while you await the actual card itself which usually only takes a couple of months to arrive.

It is not a "visit" to the US. The person has to move to the US in this timeframe.

The GC will be sent to the address given at entry.

At the time the person enters the US with the immigrant visa.

Huh? A Permanent Resident has to _reside_ in the US. Period. It is called _Permanent_ Resident for a reason. It is not possible to live abroad and just show up in the US once in a while. Doing so would be considered abandonment of the GC.

I know that. I intend to stay permanently in US and become naturalized eventually. I just want to know when the clock start ticking. Denno has answered me - at the time of entry.

Most migrants also need time to 'cut ties' with their home country, and so it is quite understandable that they have to return home to settle unfinished busines in their first 1 or 2 years of becoming US permanent residents.

Just watch out for the pitfalls. See http://www.visalaw.com/01jan4/12jan401.html





 
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