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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5069
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I've got a DV Visa and I would like to find out if I work

Customer Question

I've got a DV Visa and I would like to find out if I work between US and a different country and still maintain my visa. Basically, I'd me working from US office for a month then back to my country for 2 months and back again to US and so on. Would that be possible?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I need to cross the US boarder before 16th January 2016 as per my visa in passport and once this is done a Green Card will be send to my US address. I'm currently residing in UAE and my company has an office in Detroit. They willing to send me to US office every two months for a month if in that case that will help me to maintain my Green Card.
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

As a green card holder (permanent resident) of the US, you are supposed to be living in the US. In order to know whether you are living in the US, it is required that you spend more time inside the US than outside the US. Your plan of spending a month in the US and then 2 months outside, may work for some time, but eventually the Customs officers at the airport are going to begin questioning whether you are actually living in the US and may recommend that you stop spending so much time outside the US. It will be more of a risk the more you do it and it starts to become a pattern.

One temporary option that you have to maintain your green card will be to apply for a "reentry permit" once you have your green card. A reentry permit allows green card holders to travel in and out of the US without having to return to the US for up to 2 years without losing your green card. If you got it then you would not have to worry about coming in and out and risking your green card. However, this is not a permanent solution. You can get a few re-entry permit for two years each but then after that you will only get it for one year and there is never a guarantee that it will be approved the next time. To apply for that you must use application I-131 on uscis.gov/forms. You must be in the US when you apply and then it will take about 2-3 months to arrive. You don't have to be in the US to wait for it but you should make sure that someone reliable mails it to you.

Good luck to you during this process and I hope this answer has helped you!

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