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RETURNING RESIDENTS (SB-1)

Form DS-230 | Form DS-117

HOW TO MAINTAIN STATUS: A Lawful Permanent Resident (LPR) or Conditional Resident (CR) of the United States will maintain status provided he/she maintains a bona fide domicile in the United States and does not remain outside the country for more than one year. An LPR or CR in possession of a re-entry permit issued by the office of the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) in the United Sates may remain outside the U.S. until the date the permit expires, which is usually two years from the date of issuance.

RESIDENTS OUTSIDE THE U.S. FOR LONGER THAN 12 MONTHS: An LPR or CR who has remained outside the United States for longer than twelve months, or beyond the validity period of a re-entry permit, will require a new immigrant visa to reenter the United States and resume permanent residence.

A provision exists under U.S. visa law for the issuance of special immigrant status as a returning resident to an alien who has remained outside the United States due to circumstances beyond his/her control. While being granted returning resident status eliminates the requirement that an immigrant visa petition be filed on the individual's behalf with the USCIS, the applicant is required to establish his/her eligibility for an immigrant visa, obtain a medical exam and pay the visa processing fee of US $355 plus a security surcharge of US $45 and the medical fee.

Important: Conditional residents of the United States who failed 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. The U.S. citizen or lawful permanent resident relative is required to file a new immigrant visa petition on his/her behalf with the office of the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) or the local office of the Department of Homeland Security/Immigration in Vienna, Austria.

HOW TO FILE AN APPLICATION: Consideration for returning resident status will only be given to Lawful Permanent Residents 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 LPR will be required to show that this was caused by reasons beyond his or her control for which he or she was not responsible. LPRs who believe that they may be eligible for returning resident status are required to:

Complete the form DS-117 and DS-230 (Part One)

pay a nonrefundable application fee of $400.00 in cash at the Consular Section; and

furnish evidence to show that they

had the status of an alien lawfully admitted for permanent residence at the time of their departure from the U.S.;
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; and
if their stay abroad was protracted, that this was caused by reasons beyond their control for which they are not responsible.

Examples of such evidence include, but are not limited to, documentation regarding their status in the U.S. and dates of travel, proof that they have continued to file U.S. tax returns and maintained economic or social ties to the U.S., and evidence that the protracted stay was due to circumstances beyond their control.

The application for Returning Resident Alien status has to be made in person at the Immigrant Visa Unit during office hours. The applicant will receive further instructions on how to proceed with the processing, if the application is approved. If the application is unsuccessful, the applicant will have to qualify for immigration under one of the general categories in order to receive a new immigrant visa.

Note: LPRs are advised to file an application for returning resident status only if they believe that they may qualify. The fee of $400 is nonrefundable; it will not be returned, if the application is unsuccessful.

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