Immigrant Visas

Returning Residents (SB1)

An alien is considered to have abandoned his Permanent Resident Status if he/she submits his Alien Registration Card (Green Card) with Form I-407 (pdf) “Abandonment by Alien of Status as Lawful Permanent Resident” to USCIS abroad or if he/she remains outside the U.S. for more than 364 days and doesn’t qualify for exception.

Permanent Resident Aliens, who were unable to return to the United States for reasons beyond their control within the time frame, may be eligible for a special immigrant Returning Resident (SB-1) visa.

If you wish to apply for Returning Resident visa, you must submit evidence to support the following requirements along with the "Application to determine Returning Resident Status", Form DS-117 (pdf) and a fee of $ 400 by filling in the Form Credit Card Payment (pdf).

To qualify for Returning Resident Status, you must show:

• that you were a Lawful Permanent Resident when you departed the United States

• that when you departed you intended to return to the U.S. and have maintained this intent,

• that you are returning from a temporary visit abroad and if the stay was protracted, it was caused by reasons beyond your control and for which you were not responsible,

• and that you are eligible for the immigrant visa in all other respects.

If the application for Returning Resident Status is approved by the consular officer, the Immigrant Visa Section will send you information regarding the process of the returning resident (SB-1) visa.

Please note that the $400 fee is non-refundable if your application is refused.

Exception for Military and U.S. Government Employees: The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee.

In order to facilitate boarding, Customs and Border Protection recommends the issuance of a Transportation Letter.  Please contact CBP at cbp.frankfurt@dhs.gov for further information.

If you are a Legal Permanent Resident alien returning to the United States after being overseas less than 364 consecutive days, you may apply for readmission by presenting an Alien Registration receipt Card (Green card) to the immigration authorities at the port of entry. You must also be able to show that you have not abandoned your permanent US residence.

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