Can You Travel with a DV Visa for 6 Months to Activate Your Green Card and Return After 7-9 Months?

Many individuals find themselves in a situation where they have a Diversity Visa (DV) that is valid for only 6 months but wish to travel to the United States (US) for a short period, typically just a few weeks, to activate their Green Card. After activating their card, they often wonder if they can return after staying out for 7-9 months. In this article, we outline the key points to consider, the relevant regulations, and practical tips to navigate this process smoothly.

Entry Requirement

To enter the US with a DV visa that is valid for 6 months, you must arrive in the country before the visa expires. This means that your 6-month validity period serves as a window during which you can make your travel arrangements.

Activation of Green Card

Upon entry, you will be processed to activate your Green Card. After your arrival, you will receive your Green Card by mail. This process is straightforward and ensures that you are officially recognized as a permanent resident.

Re-entry After 7-9 Months

Once your Green Card is activated, you can leave the US for an extended period, such as 7-9 months. However, there are important considerations to keep in mind:

Maintaining Residency

To maintain your permanent resident status, you should not remain outside the US for more than 12 months without obtaining a re-entry permit. Spending more than 12 months outside the US could lead to the abandonment of your Green Card.

Re-entry Permit

If you plan to stay outside the US for an extended period, such as 7-9 months, it is advisable to apply for a re-entry permit before leaving. This is a legal document that allows you to re-enter the US and helps protect your residency status during your absence.

Travel Documentation

Make sure you have all the necessary travel documentation for re-entry. This includes your Green Card, and any other required travel documents, such as your DV visa (if it has not expired) and possible additional visa or re-entry permit documents if required.

In summary, you can activate your Green Card while holding a DV visa that is valid for 6 months and return after several months. However, it is crucial to be mindful of the potential implications for your residency status. If you have specific concerns or unique circumstances, consulting with an immigration attorney may be beneficial.

Additional Considerations for DV Visa Holders

While it is technically possible to enter the US with a DV visa for the purpose of activating your Green Card, it is important to note a few additional factors:

Checking the Validity of the DV Visa

Even if you are staying for only a night, returning after a 7-9 month absence is possible. However, ensure that your DV visa is still valid for at least a night during your planned trip. This means that your visa must be valid the moment you enter the US.

Details of the Entry Process

Technically, immigrant visas are single-use visas. The moment you enter the US with your immigrant visa, the visa itself becomes void. However, the moment you enter the US, you automatically become a US permanent resident. As a permanent resident, you can take temporary trips abroad as long as you maintain residence in the US. There is no required period of time you need to spend in the US before leaving.

Upon entry, the immigrant visa you used to enter the US automatically becomes an I-551, just like a Green Card. This document is valid for one year from the date of entry and it serves as proof of permanent residency. The entry stamp you receive upon entry is the endorsement, which is essentially a temporary I-551. So, in practice, you hold a Green Card that is valid for one year from the day you entered, regardless of the expiration date of the immigrant visa.

This means that even if you stay outside the US for 7-9 months, you can still return using your I-551 document for re-entry after an absence of less than 12 months, without needing any other documents.

Frequently Asked Questions

Can I Travel Just for a Night to Activate My Green Card?

Yes, you can even travel for just a night if you want to and return. As long as your foot touches US soil and border control receives your envelope/package, you will activate your Green Card status. The key is to ensure your visa is still valid for at least a night during your trip.

What Happens if I Stay Outside the US for More Than 6 Months?

If you stay outside the US for more than 6 months, you can still return, but you must be prepared to explain to the officer at the border why you needed to stay outside the US for that period of time.

It's essential to understand that immigrant visas become void the moment you enter the US with them. However, upon entry, you become a permanent resident with the ability to take temporary trips abroad as long as you maintain residency in the US.

Conclusion

Traveling to the US with a DV visa for 6 months to activate your Green Card, and then returning after 7-9 months, is indeed possible. However, it requires careful planning and adherence to the rules governing permanent resident status. Always keep in mind the importance of maintaining your residency status and exploring legal options, such as applying for a re-entry permit, if you plan to travel abroad for extended periods.

For any specific concerns or unique circumstances, consulting with an experienced immigration attorney can be invaluable.