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Returning Resident Visas After Remaining
outside the U.S. for a Long Time

Sb-1 visa

 

Overview - About Returning Resident Visas

A permanent resident (A Green Card holder, LPR)) or conditional resident (CR) who remains outside the U.S. for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the U.S. and resume permanent residence status.

The. Although very strict, has a proviso for the issuance of a returning resident special immigrant visa (SB-1) to an LPR who remained outside the U.S. due to circumstances beyond his/her control.

This webpage discusses the Returning Resident Visas. If you are an LPR unable to return to the U.S. within the travel validity time of the green card (1 year) or the authority of the Re-entry Permit (2 years), you may be eligible to apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

If your application for returning resident status is approved, this eliminates the requirement that a new immigrant visa petition has to be filed on your behalf with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). This of course, speeds up the time of reentry and the expenses involved in filing a new permanent resident petition. You will need to be interviewed for both your application for returning resident status, and usually later for the immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, the process involves paying both visa processing fees and medical fees.

Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad - If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. Government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the U.S. even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you:

  • Have not abandoned your LPR status; and
  • Your spouse or parent is returning to the U.S.

Step 1 - Qualifying for Returning Resident Status

Under the immigration law, to be eligible for returning resident status, you will need to prove to the Consular Officer that you:

  • Had the status of a lawful permanent resident at the time of departure from the U.S.;
  • Departed from the U.S. with the intention of returning and have not abandoned this intention; and
  • Are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

Step 2 - Applying for a Returning Resident Visa

If you wish to apply for a Returning Resident (SB-1) immigrant visa, you should contact the nearest U.S. Embassy or Consulate in advance of your intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing. As part of the visa application process, an interview at the U.S. Embassy or Consulate is required. Review country-specific instructions and information by reviewing the U.S. Embassy or Consulate website where you will apply.

Required Steps

  1. Decide if your stay overseas went beyond permissible limits. If your continuous absence from the US is less than six months, you should have no problem re-entering. If your absence is more than one year, your green card will most likely be revoked without a Re-Entry Permit. Otherwise, refer to the expiration date of your Re-Entry Permit--it is typically valid for two years.

  2. Download Form DS-117 (Returning Resident Status SB-1) and Form DS-156 from the US State Department website, and fill them out.

  3. Assemble documentary evidence of your "continuous, unbroken ties to the United States." This evidence can include the filing of US tax returns during your absence, ownership of residential and business property and other assets in the US, evidence of family ties in the US and the maintenance of professional licenses during your stay overseas. The thought is to demonstrate that you originally intended to permanently reside in the US and that you always intended to return.

  4. Get together airline tickets and passport stamps to document the length of your absence form the US.

  5. Assemble documentary evidence to establish that your extended stay overseas was caused by events beyond your control, making you not responsible (illness, transfer overseas by a US company or the need to be employed in your home country for a certain period of time in order to qualify for retirement benefits, for example).

  6. You will need four passport-sized photos taken.

  7. Bring all of the abovementioned documentation and apply in person to the US Embassy or consulate nearest to you no later than three months before your intended date of return to the United States.

  8. Enter the United States by means of your green card and your home country passport bearing your SB-1 visa. It is at this point in the process that your green card is considered reinstated.

When applying for a Returning Resident (SB-1) immigrant visa, you should submit the following forms and documents to the U.S. Embassy or Consulate where you will apply :

  • Your Permanent Resident Card, Form -551
  • Your Re-entry Permit, if available

You must also submit supporting documents that show the following:

  • Dates of travel outside of the U.S. (Examples: airline tickets, passport stamps, etc.)
  • Proof of your ties to the U.S. and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)
  • Proof that your protracted stay outside of the U.S. was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.)

A Consular Officer will review your application and supporting documents to determine whether you meet the criteria for Returning Resident (SB-1) status. If you do, you must be eligible for the immigrant visa in all other respects in order to be issued a Returning Resident (SB-1) immigrant visa.

Required Fees

The following are the required fees:

  • Application for Determining Returning Resident Status, Form DS-117. Select Fees for current Department of State fees.

Additionally, if you are approved for Returning Resident (SB-1) status, the following fees will be required based on the immigrant visa processing explained below:

  • Form DS-230 application processing and security surcharge fees
  • Medical exam and vaccination fees

Step 3 – Immigrant Visa Application and Documentation

The Embassy or Consulate will provide you with specific instructions for the remainder of the processing for your Returning Resident (SB-1) immigrant visa. While exact instructions may vary by Embassy or Consulate, these instructions will include:

Before your interview:

  • Instructions for your medical examination, including a list of required vaccinations

Review country-specific instructions and further information by reviewing the U.S. Embassy or Consulate website where you will apply.

If Your Application to Determine Returning Resident Status is Not Approved

If, after reviewing your Application to Determine Returning Resident Status, Form DS-117, and supporting documents, the Consular Officer determines that you do not meet the criteria for a Returning Resident (SB-1) immigrant visa on the grounds that you have abandoned or relinquished your residence in the U.S., it may or may not be possible to obtain a nonimmigrant visa depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis and under the same category by which you immigrated originally.

About International Travel and Permanent Residents

As a permanent resident, before you depart the U.S. for temporary travel abroad and then seek to return to the U.S., you should review important information on the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Customs and Border Protection (CBP) websites. Learn about Travel Documents, including Re-Entry Permits and Form I-131, Application for Travel Document , on the USCIS website.

Returning Legal Permanent Residents Who Obtained Such Status Based on Asylum Status - Asylum applicants, asylees, and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the U.S.

Specific Instruction for China


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