IMMIGRANT VISAS
Returning Resident (SB-1) Visas
A permanent resident alien returning to the United States from a visit abroad of less than a year,
may apply for readmission by presenting an Alien Registration Card (also known
as “green card”) to the immigration authorities at a port of entry.
A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days
prior to the proposed date of departure, apply while in the United States to the
U.S. Citizenship and Immigration Service (CIS)
Form I-131, Application for Travel Document
for a Reentry Permit. This permit is valid for two years and may not be extended. If such a permit is
obtained the alien may use it to reenter the United States within the period of
validity. Every alien applying for readmission must satisfy the immigration
authorities that he or she is eligible in all respects for admission.
Permanent resident aliens who are unable to return to the United States within the travel validity
period of the Alien Registration Card (less than a year), or the Reentry Permit,
may apply for a special immigrant Returning Resident (SB-1) visa. To qualify as
returning resident, you must show:
that you were a lawful permanent resident when you departed the United
States,
that when you departed you intended to return to the USA and have
maintained this intent,
that you are returning from a temporary visit abroad and if the stay was
protracted, it was caused by reasons beyond your control and for which you were
not responsible,
and that you are eligible for the immigrant visa in all other respects.&
If you have lost your permanent resident status, and you
wish to apply for a Returning Resident visa, you must submit evidence to support
the above requirements along with the
“Application to determine returning
resident status” (form DS-117) and pay a fee of $400 or the
equivalent in euros. If the application for returning resident status is
approved by the consular officer, the immigrant visa unit will send you
information regarding the process of the returning resident (SB-1) visa.
If the returning Resident (SB-1) visa is refused on
the grounds that the alien has given up his residence in the United States, a
nonimmigrant visa may or may not be possible to obtain, depending on whether the
applicant has established a residence abroad to which he will return. If the
applicant wishing to return to the United States cannot submit convincing
evidence of compelling ties abroad he may have to apply for an immigrant visa on
the same basis by which he/she originally immigrated, if that is possible.
Exception for Military and US Government employees
The one-year time limitation does not apply to the spouse or child of a
member of the Armed Forces of the United States, or of a civilian employee of
the U.S. Government stationed abroad pursuant to official orders. In this case,
the spouse or child must present the card mentioned above, not have relinquished
residence, and be preceding or accompanying the member or employee, or be
following to join the member or employee in the United States within four months
of the return of the member or employee.
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