Returning Residents

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Returning Residents

For permanent or conditional residents who have remained outside the U.S for an extended period of time.

A permanent resident (lawful permanent resident, aka, LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence.

If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can 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 an immigrant visa petition be filed on your behalf with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). 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, this 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 United States 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 United States.

QUALIFYING FOR RETURNING RESIDENT STATUS

Under provisions of immigration law, to qualify 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.

Have not abandoned your LPR status; and
Your spouse or parent is returning to the United States.

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. You need to be mindful of the country-specific instructions and information by reviewing the U.S. Embassy or Consulate website where you will apply.

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David A. Bredin

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136-18 39th Ave.
Suite 1002
Flushing, NY 11354

+1 (718) 285-0498
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+1 (212) 791-1468
Fax: +1 (718) 725-7283
Email: Office@BredinLaw.com

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136-18 39th Ave., Suite 1002, Flushing, NY 11354

Returning Residents

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Returning Residents

SPOUSE OR CHILD OF A MEMBER OF THE U.S. ARMED FORCES OR CIVILIAN EMPLOYEE OF THE U.S. GOVERNMENT STATIONED ABROAD

QUALIFYING FOR RETURNING RESIDENT STATUS

APPLYING FOR A RETURNING RESIDENT VISA

CONTACT US

David A. Bredin

CONTACT & ADDRESS INFORMATION