Overview - About Returning ResidentVisas 

A permanent resident (called lawful permanent resident or LPR) orconditional resident (CR) who has remained outside the United States for longerthan one year, or beyond the validity period of a Re-entry Permit, will requirea new immigrant visa to enter the United States and resume permanent residence.A provision exists under U.S. visa law for the issuance of a returning residentspecial immigrant visa to an LPR who remained outside the United States due tocircumstances beyond his/her control. This webpage is about Returning ResidentVisas. If you are an LPR unable to return to the United States within thetravel validity period of the green card (1 year) or the validity of theRe-entry Permit (2 years), you may be eligible and can apply at the nearestU.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

Step 1 - Qualifying for ReturningResident Status 

Under provisions of immigration law, to qualify for returningresident 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 United States;

Departed from the United States with the intention of returning and have not abandoned this intention; and

Are returning to the United States 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.

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 yourintended travel (at least three months in advance, if possible) to permitsufficient time for visa processing. As part of the visa application process,an interview at the U.S. Embassy or Consulate is required.

Required Documentation 

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

· A completed Application Form

· Your Permanent Resident Card, Form I-551

· Your Re-entry Permit, if available

You must also submit supporting documents that show the following:

· Dates of travel outside of the United States

· Proof of your ties to the United States and your intention to return

· Proof that your protracted stay outside of the United States was for reasons beyond your control

A consular officer will review your application and supportingdocuments 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 allother respects in order to be issued a Returning Resident (SB-1) immigrantvisa.

Step 2 - Immigrant Visa Application and Documentation 

The U.S. Embassy or Consulate will provide you with specific instructions for the remainder of the processing for your Returning Resident (SB-1) immigrant visa.

If Your Application to Determine Returning Resident Status is Not Approved 

If, after reviewing your Application Form and supporting documents, the consular officer determines that you do not meet the criteria for a Returning Resident (SB-1) immigrant visa on the grounds that you have abandoned or relinquished your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis and under the same category by which you immigrated originally.