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Health insurance for first-time green card immigrant

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bruce.browde

Junior Member
What is the name of your state (only U.S. law)? New York

When a first-time green card immigrant is coming to US, does he need to have health insurance since the entry date or not? Say he's coming in July, returning back to his home country till November, then coming back. He'll be in the country a couple of weeks in July, then full November and December. From a perspective of not paying the penalty, does he need to have insurance 1) July through December or 2) July, November and December, 3) November and December or 4) not at all?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? New York

When a first-time green card immigrant is coming to US, does he need to have health insurance since the entry date or not? Say he's coming in July, returning back to his home country till November, then coming back. He'll be in the country a couple of weeks in July, then full November and December. From a perspective of not paying the penalty, does he need to have insurance 1) July through December or 2) July, November and December, 3) November and December or 4) not at all?
Most first time green card holders cannot even leave the US like that. That kind of thing normally cancels their conditional green card.
 

Proserpina

Senior Member
Most first time green card holders cannot even leave the US like that. That kind of thing normally cancels their conditional green card.

I get the feeling that you might get jumped on for saying that...even though it's correct.

(I'm trying to head this one off at the pass)

A 1 year absence is virtually a "gimme" in terms of saying bye-bye to your residency and most people are familiar with that. But even shorter term absences can result in USCIS determining that you've abandoned your residency, and the truth is there's no hard-and-fast rule. It's all about the circumstances.

:)
 

bruce.browde

Junior Member
Most first time green card holders cannot even leave the US like that. That kind of thing normally cancels their conditional green card.
Thanks LdiJ - can you clarify why that is? I thought you can do that as long as you are in US 6 months out of 12 months since date of entry. So coming in July, then going back, then coming back in Nov and staying till April should satisfy that condition. Is that not the case or did you have something else in mind?
 

Ohiogal

Queen Bee
Thanks LdiJ - can you clarify why that is? I thought you can do that as long as you are in US 6 months out of 12 months since date of entry. So coming in July, then going back, then coming back in Nov and staying till April should satisfy that condition. Is that not the case or did you have something else in mind?
Proserpina expounded on that and she has knowledge of immigration that can help.
 

Proserpina

Senior Member
Thanks LdiJ - can you clarify why that is? I thought you can do that as long as you are in US 6 months out of 12 months since date of entry. So coming in July, then going back, then coming back in Nov and staying till April should satisfy that condition. Is that not the case or did you have something else in mind?

Take a look:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

USCIS is aware that sometimes, immigrants will attempt to live 6 months of the year in the US, and 6 months of the year in New Zealand amongst the Hobbits. That's precisely what they don't want (or need, to be honest). You're either a resident here, or you're not. So, they can use any length of absence to determine whether or not residency has been abandoned.
 

FlyingRon

Senior Member
Most first time green card holders cannot even leave the US like that. That kind of thing normally cancels their conditional green card.
Being absent for six months (without taking certain steps as mentioned) will be abandonment of residential intent for *ANY* green card.
A person with a new, first time green card doesn't necessarily have a conditional green card. A conditional green card is issued only to certain people given priority (those obtaining through the marriage or through the entrepreneur program).
 

LdiJ

Senior Member
Being absent for six months (without taking certain steps as mentioned) will be abandonment of residential intent for *ANY* green card.
A person with a new, first time green card doesn't necessarily have a conditional green card. A conditional green card is issued only to certain people given priority (those obtaining through the marriage or through the entrepreneur program).
I was thinking particularly about a client of mine who had a conditional green card and lost it because she traveled outside of the US when she was not supposed to do so. She was lucky in that she was allowed to re-start the process but her immigration attorney seriously ripped her one for doing so.
 

Proserpina

Senior Member
I was thinking particularly about a client of mine who had a conditional green card and lost it because she traveled outside of the US when she was not supposed to do so. She was lucky in that she was allowed to re-start the process but her immigration attorney seriously ripped her one for doing so.

Huh? Her I-485 had already been approved - she would need nothing but her passport with the I-551 stamp. The "conditional" status means nothing in this context; she is treated the same way an unconditional green-card holder would be treated.

Soooo....?
 

LdiJ

Senior Member
Huh? Her I-485 had already been approved - she would need nothing but her passport with the I-551 stamp. The "conditional" status means nothing in this context; she is treated the same way an unconditional green-card holder would be treated.

Soooo....?
I dunno...that is just what she told me.
 

bruce.browde

Junior Member
> A 1 year absence is virtually a "gimme" in terms of saying bye-bye to your residency and most people are familiar with that. But even shorter term absences can result in USCIS determining that you've abandoned your residency, and the truth is there's no hard-and-fast rule. It's all about the circumstances.
<
Thanks Proserpina. Maybe I was not clear when I posted, so to clarify - the intent is to come, then go for a few months (just some wrap-up business in the home country), then come back and be 6 in 12, so that it's not abandoned "by default" as per the link you supplied. It is far from the intent to be the minimum of 6 months. So even the first "exit" might be problematic in those terms? I understand the last sentence about the circumstances, but are you saying you know of (a lot of?) cases where people were taken their green card away?

This is DV lottery GC, btw. That I suppose falls under the "unconditional GC" category, correct?

> Being absent for six months (without taking certain steps as mentioned) will be abandonment of residential intent for *ANY* green card.
<
Thanks FlyingRon. So being under 6 months "out" in the next year (part of July, November through June next year = 9+ months) is what I was aiming for. Again, definitely not trying to play the 6 / 6 game, just the immediate circumstances.

Can you clarify what you meant by "without taking certain steps as mentioned"?
 

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