Asked in Immigration Law for Florida

Q: How long do I have to reenter the US after passing the customs with DV lottery temporary visa? I have my Green card

Hello,

My family and I won the green card lottery in 2021, and we entered the US territory on March 9, 2023. Our temporary visa was stamped with the date of entry, and we received our physical green card later that same year.

We're planning to move to Tampa, FL by July 2024, so we can take the time to get everything in order and find a good job. However, some other winners have told us that we would be required to permanently move the year after receiving the stamp from customs.

I was wondering if this is true and if so, whether we would need to travel before March 9, 2024, or if we have until July.

Thank you

Regards,

Guillaume

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Once you enter the U.S. with a Diversity Visa and your temporary visa is stamped, this typically serves as a temporary green card until you receive the physical card. As green card holders, you are expected to make the United States your permanent residence. However, there's no strict requirement that you must permanently move within a year of your entry.

It's important to be aware that green card holders should not spend extended periods outside the U.S. without returning, as this can be interpreted as abandoning your permanent resident status. Generally, absences of more than 6 months but less than a year may raise questions upon re-entry regarding whether you have abandoned your residency.

Since you plan to move permanently to Tampa by July 2024, this should be within a reasonable time frame, considering your entry date of March 9, 2023. However, if possible, it's advisable to make shorter visits to the U.S. before your final move to maintain your ties and demonstrate your intent to reside permanently in the U.S.

Remember, maintaining your permanent resident status requires demonstrating your commitment to living in the U.S. It's also advisable to keep records of your ties to the U.S., such as property, bank accounts, or family connections, which can be helpful if your residency is questioned upon re-entry. If you have specific concerns, consulting with an immigration attorney can provide personalized advice based on your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.