IMMIGRANT VISAS

Returning Residents

Introduction

If you are a Lawful Permanent Resident and are outside of the U.S., you must re-enter the United States (U.S.) within one year from the date of your departure from the U.S. to maintain your Permanent Resident status. If you obtained a re-entry permit from United States Citizenship and Immigration Services (USCIS) prior to departing the U.S., you must re-enter the U.S. before the expiry of the re-entry permit to maintain your status.

If you do not enter the U.S. within one year or if your re-entry permit is not valid, you cannot re-enter the U.S. without a new visa. Your options for a new visa are as follows:

• a Returning Resident immigrant visa (SB-1); or
• a new immigrant visa from another category.

How do I qualify for a Returning Resident visa?

To qualify for a Returning Resident immigrant visa you must establish that you continue to maintain a permanent residence in the U.S. and your absence abroad beyond the permitted time limit was due to circumstances beyond your control.

How do I apply?

If you believe you are eligible for a Returning Resident immigrant visa (SB-1) you are required to:

1. Complete a Form DS-117, Application to Determine Returning Resident Status. This form is available online or from your nearest U.S. embassy or consulate

2. Obtain demand draft in Indian rupees or U.S. dollars and drawn on a nationalized or foreign bank for the nonrefundable application fee of $400. The demand draft must favor the "U.S. Embassy, New Delhi" or the "U.S. Consulate General Chennai", "Kolkata", or "Mumbai", as applicable. Conversion from U.S. dollars to Indian rupees must be at the Consular Exchange Rate. Note: You can also pay the application fee with cash using U.S. dollars only

3. Obtain the evidence that shows that: (1) you had the status of an alien lawfully admitted for permanent residence at the time of departure from the U.S.; (2) you departed from the United States with the intention of returning and you have not abandoned this intention; and (3) you are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you are not responsible. Read the section below named "What evidence should I bring?"

4. Come to the U.S. Embassy, New Delhi or a U.S. Consulate General in India at 8:00 a.m. (7:30 a.m. in Mumbai), Monday through Friday, except on holidays of the U.S. mission to India. Bring with you your completed Form DS-117, the demand draft, and evidence of Lawful Permanent Resident status and reason(s) for remaining outside the U.S. At the Embassy or consulate you will have a visa interview conducted by a consular officer. The officer will determine whether or not you are eligible for returning resident status. After the interview the officer will advise you on the next steps, if any, you must take

Note: The U.S. Embassy and consulates in India cannot accept your application for consideration for Returning Resident immigrant visa (SB-1) if you have been outside the U.S. for less than one year or before the expiration of your re-entry permit.

Note: All documents will be returned to you.

What evidence should I bring?

You should bring to the Embassy or consulate evidence that supports the following visa qualification requirements:

1. You had the status of an alien lawfully admitted for permanent residence at the time of departure from the U.S.

2. You departed from the U.S. with the intention of returning and you have not abandoned this intention

3. You are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you are not responsible

Your evidence must include the following:

• Proof of lawful permanent residence (Examples: Form I-151, I-551, Re-entry Permit, etc.) 
• Dates of travel outside of the U.S. (Examples: airline tickets, passport stamps, etc.)
• Proof of ties to the U.S. and intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)
• Proof a protracted stay was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.)

Note: All documents will be returned to you.

Further Information

Learn how to apply for re-entry permit in the U.S. by visiting the USCIS website.

Learn about Permanent Residence in the U.S. and find the answers to the questions below by visiting the USCIS website.

• How do I replace my Permanent Resident Card ("Green Card")?
• How do I renew my Permanent Resident Card?
• What are my rights and responsibilities?
• What about international travel?
• How do I maintain Permanent Residence?
• How do I notify USCIS when I change my address?
• Can I petition for some relatives to join me in the U.S.?