Immigrant Visas: Returning Resident Visa

A permanent resident (called lawful permanent resident or 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. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control.

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 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.

To make an appointment for an SB-1, send an email to IVRangoon@state.gov. Please note that you will need to bring the following documents to your appointment:

  • Completed form DS-117
  • Your Permanent Resident Card, Form I-551
  • Your Re-entry Permit, if available
  • You must also submit supporting documents that show the following:
    1. Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
    2. Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
    3. Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

 

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad.

Please see the USCIS website for more information about living outside the U.S. as an LPR.