Returning Resident
Returning Resident
Returning Resident Visas
A Lawful Permanent Resident (LPR) or Conditional Resident (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 re-enter the United States and resume permanent residence.
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.
Applying for the visa
Applicants who believe that they may be eligible for returning resident status are required to submit an application for consideration to the Immigrant Visa Unit at the Embassy.
Applying for Returning Resident Status
Consideration for returning resident status will only be given to Lawful Permanent Residents (LPR) and Conditional Residents (CR) 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 or CR will be required to show that this was caused by reasons beyond his or her control for which he or she was not responsible. Reminder: CRs who did not file an application to have conditional resident status removed are not eligible to apply for returning resident status.
If you believe that you may be eligible for returning resident status you are required to complete the Form DS-117 (http://www.state.gov/documents/organization/79962.pdf) and mail it to the Immigrant Visa Unit at the Embassy. On receipt, your application will be reviewed and an appointment scheduled for you to attend an interview with a U.S. Consular Officer. At the time of interview the nonrefundable application fee of $380 (or SAR equivalent) will be collected (The fee will decrease to $275 April 13, 2012). Further instructions will be provided to you once your application has been reviewed.
Note: 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 still required to establish his/her eligibility for an immigrant visa, undergo a medical examination and pay a new set of visa processing and medical fees.