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:
APPLYING FOR A RETURNING RESIDENT VISA
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