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Old 08-07-2007, 09:33 PM   #1 (permalink)
najjarnajjar
 
Posts: 2
Default Family Based Immigration - First Visit's Minimum Stay

Hello,

I am looking to get an answer this situation:

When coming to the US for the first time on family immigration visa,
is there a required minimum stay period that the immigrant has to stay
in the US before leaving again? Does the immigrant have to stay until
the Green Card is received in the mail? Or is the green card status
acquired upon entry?

Thanks,
Najjar
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Old 08-07-2007, 10:17 PM   #2 (permalink)
Noorah101
 
Posts: 12637
Default Re: Family Based Immigration - First Visit's Minimum Stay

> Hello,
>
> I am looking to get an answer this situation:
>
> When coming to the US for the first time on family immigration visa,
> is there a required minimum stay period that the immigrant has to stay
> in the US before leaving again? Does the immigrant have to stay until
> the Green Card is received in the mail? Or is the green card status
> acquired upon entry?
>
> Thanks,
> Najjar

If you are entering with an Immigrant Visa, your PR status is activated
upon entry to the USA. You will receive an I-551 stamp in your passport
upon entry, and the green card will come in the mail a few weeks later.
There is no minimum stay required. You can enter the USA, get the I-551
stamp, and catch the next flight out of the USA if you want to.

Be aware though, that there are requirements as to how much time you
must spend inside the USA in order to maintain your PR status. You can
leave the USA at anytime, but it's not recommended to stay outside the
USA longer than 6 months without a re-entry permit, and you must
maintain your ties to the USA while you are abroad.

Rene
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Old 08-07-2007, 11:23 PM   #3 (permalink)
najjarnajjar
 
Posts: 2
Default Re: Family Based Immigration - First Visit's Minimum Stay

On Aug 7, 5:17 pm, Noorah101 <member10...@nomx.britishexpats.com>
wrote:
> > Hello,
>
> > I am looking to get an answer this situation:
>
> > When coming to the US for the first time on family immigration visa,
> > is there a required minimum stay period that the immigrant has to stay
> > in the US before leaving again? Does the immigrant have to stay until
> > the Green Card is received in the mail? Or is the green card status
> > acquired upon entry?
>
> > Thanks,
> > Najjar
>
> If you are entering with an Immigrant Visa, your PR status is activated
> upon entry to the USA. You will receive an I-551 stamp in your passport
> upon entry, and the green card will come in the mail a few weeks later.
> There is no minimum stay required. You can enter the USA, get the I-551
> stamp, and catch the next flight out of the USA if you want to.
>
> Be aware though, that there are requirements as to how much time you
> must spend inside the USA in order to maintain your PR status. You can
> leave the USA at anytime, but it's not recommended to stay outside the
> USA longer than 6 months without a re-entry permit, and you must
> maintain your ties to the USA while you are abroad.
>
> Rene
>
> --
> Posted viahttp://britishexpats.com

Thank you so much Rene!

Can the rentry permit be applied to in the first trip? can the
immigrant leave and come back after six months, apply for the re-entry
and leave to country for up to 2 years? What is the max stay allowed
by the re-entry?

Again, thanks for the quick response!
Najjar
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Old 08-07-2007, 11:40 PM   #4 (permalink)
Noorah101
 
Posts: 12637
Default Re: Family Based Immigration - First Visit's Minimum Stay

> On Aug 7, 5:17 pm, Noorah101 <member10...@nomx.britishexpats.com>
> wrote:
> > > Hello,
> >
> > > I am looking to get an answer this situation:
> >
> > > When coming to the US for the first time on family immigration
> > > visa,
> > > is there a required minimum stay period that the immigrant has to
> > > stay
> > > in the US before leaving again? Does the immigrant have to stay
> > > until
> > > the Green Card is received in the mail? Or is the green card
> > > status
> > > acquired upon entry?
> >
> > > Thanks,
> > > Najjar
> >
> > If you are entering with an Immigrant Visa, your PR status is
> > activated
> > upon entry to the USA. You will receive an I-551 stamp in your
> > passport
> > upon entry, and the green card will come in the mail a few weeks
> > later.
> > There is no minimum stay required. You can enter the USA, get the
> > I-551
> > stamp, and catch the next flight out of the USA if you want to.
> >
> > Be aware though, that there are requirements as to how much time you
> > must spend inside the USA in order to maintain your PR status. You
> > can
> > leave the USA at anytime, but it's not recommended to stay outside
> > the
> > USA longer than 6 months without a re-entry permit, and you must
> > maintain your ties to the USA while you are abroad.
> >
> > Rene
> >
> > --
> > Posted viahttp://britishexpats.com
>
> Thank you so much Rene!
>
> Can the rentry permit be applied to in the first trip? can the
> immigrant leave and come back after six months, apply for the re-entry
> and leave to country for up to 2 years? What is the max stay allowed
> by the re-entry?
>
> Again, thanks for the quick response!
> Najjar

The re-entry permit can be applied for at any time, I believe. You have
to apply from the USA, but you can leave before getting the re-entry
permit in hand. Someone from the USA can send it to you overseas. The
re-entry permit allows you to be gone from the USA for up to 2 years. I
believe it is renewable for another 2 years. You still must maintain
ties to the USA during your stay abroad, for example maintain a
residence and file US taxes. Also be aware that being away for that
long will delay you getting US citizenship.

Rene
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Old 08-08-2007, 12:10 AM   #5 (permalink)
Meauxna
 
Posts: 5158
Default Re: Family Based Immigration - First Visit's Minimum Stay

> On Aug 7, 5:17 pm, Noorah101 <member10...@nomx.britishexpats.com>
> wrote:
> > > Hello,
> >
> > > I am looking to get an answer this situation:
> >
> > > When coming to the US for the first time on family immigration
> > > visa,
> > > is there a required minimum stay period that the immigrant has to
> > > stay
> > > in the US before leaving again? Does the immigrant have to stay
> > > until
> > > the Green Card is received in the mail? Or is the green card
> > > status
> > > acquired upon entry?
> >
> > > Thanks,
> > > Najjar
> >
> > If you are entering with an Immigrant Visa, your PR status is
> > activated
> > upon entry to the USA. You will receive an I-551 stamp in your
> > passport
> > upon entry, and the green card will come in the mail a few weeks
> > later.
> > There is no minimum stay required. You can enter the USA, get the
> > I-551
> > stamp, and catch the next flight out of the USA if you want to.
> >
> > Be aware though, that there are requirements as to how much time you
> > must spend inside the USA in order to maintain your PR status. You
> > can
> > leave the USA at anytime, but it's not recommended to stay outside
> > the
> > USA longer than 6 months without a re-entry permit, and you must
> > maintain your ties to the USA while you are abroad.
> >
> > Rene
> >
> > --
> > Posted viahttp://britishexpats.com
>
> Thank you so much Rene!
>
> Can the rentry permit be applied to in the first trip? can the
> immigrant leave and come back after six months, apply for the re-entry
> and leave to country for up to 2 years? What is the max stay allowed
> by the re-entry?
>
> Again, thanks for the quick response!
> Najjar

IMO, you have now gone into 'lawyer territory'. It does not sound like
you intend to become a Permanent Resident (emphasis on the 'resident'
part) of the US. You should be working with a US immigration lawyer on a
strategy that is specific to YOUR situation.
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