Returning Residents

If you are a Lawful Permanent Resident (LPR) unable to return to the U.S. within the travel validity period of the Green Card (1 year) or the validity of the Re-entry Permit (2 years), you may eligible and can apply for a Returning Resident (SB-1) immigrant visa at the nearest U.S. Embassy or Consulate.

To regain the immigrant status you may start by apply for a returning resident (SB-1) visa by appointment at jakiv@state.gov. 

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.

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

• A completed Application to Determine Returning Resident Status, Form DS-117
• Your Permanent Resident Card, Form -551
• Your Re-entry Permit, if available
• 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.)
• Non Refundable fee, of USD 275.00, paid in IDR at current exchange rates.

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.

Consideration for returning resident status will only be given to LPRs or CRs who left the U.S. with the intention of returning; have not abandoned this intention; and are returning to the U.S. from a temporary visit abroad.  If the stay was protracted, the applicant will be required to show that this was caused by reasons beyond his or her control for which he or she was not responsible.

Please Note:  Conditional Residents of the United States who fail to file an application to have conditional resident status removed are required to apply for a new immigrant visa.  They are not eligible to apply for special immigrant status as a returning resident.