A permanent resident who has remained outside the United States for longer than on 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. This webpage is about Returning Resident Visas.
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.
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.
You must also submit supporting documents that show the following:
- Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
- 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)
- 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.)
A consular officer will review your application and supporting documents 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 all other respects in order to be issued a Returning Resident (SB-1) immigrant visa.