Many U.Due south. lawful permanent residents ("greenish carte du jour holders") who take to or choose to reside abroad are (or should exist) aware that there are rules and restrictions on the fourth dimension they can be exterior of the U.Southward. and maintain their dark-green bill of fare status.   Specifically, a stay outside of the U.S. of more than one year at a time without a reentry permit would crusade automatic abandonment of one'southward greenish carte.   If this happens, there is still a process and a chance to seek to take the dark-green carte reinstated – this is the SB-one Returning Resident application process.

Greenish Card Abandonment Rules

A dark-green card holder who does not have a valid reentry permit and who has spent more ane year outside of the U.S. will non exist allowed to enter the U.S.   8 CFR § 211.1(a).     In this case, the green carte du jour is considered to take been abandoned and the green card holder will require a new immigrant visa (if they are eligible to obtain ane again by initiating a brand new light-green card procedure) to enter the U.Southward.      Alternatively,  the returning resident special immigrant visa allows green card holders who accept remained outside of the U.Due south. due to circumstances beyond their  control to utilise for reinstatement of the abandoned green menu.

SB-1 Returning Resident Awarding Process

If the SB-ane Returning Resident application is approved,  this eliminates the requirement that a new greenish card petition be filed.    AS function of the SB-1 application procedure the greenish card holder volition demand to exist interviewed for both the SB-1 application for returning resident condition and usually later for the bodily immigrant visa.   An SB-1 applicant is required to constitute eligibility for an immigrant visa and have a medical test.   In that location are visa processing fees and medical fees (plus attorney fees, if an chaser is involved).

Step i.  Evaluate SB-ane Returning Resident Application.   The commencement footstep in the procedure is to evaluate and confirm that such an application is in fact required and what is the best manner to approach the application in terms of presenting testify to show that the extended stay outside of the U.S. has been due to extraordinary circumstances outside of the applicant's command.   Evaluating and gathering documentation to demonstrate this is very important.

Footstep 2.  Prepare and File Awarding with U.South. Consulate.   The application, form plus application fees and supporting documents, is prepared and filed with a U.South. Consulate at least several months before the anticipated travel back to the U.South.    The Consulate volition require an interview every bit office of the awarding process and the interview is likely going to focus on the reasons and circumstances causing the bidder to remain for more than one year outside of the U.S.

Step 3.   DS-260 and Medical Exam.   If the SB-1 application is canonical, the Consulate volition ask that the applicant submit a DS-260 form (used for immigrant visa applications), together with applicable fees and medical/vaccination records.    This step will ultimately effect in the Consulate issuing and placing in the applicant's passport afresh I-551 (green card) postage which would let travel back to the U.Due south.

SB-1 Returning Resident Application Denial

If the SB-1 awarding is denied on the grounds that the bidder has abandoned or relinquished their residence in the U.South.,  the applicant may consider applying from the get-go for another green carte (if they are still eligible) or they maybe able to file an awarding for a nonimmigrant visa (H-1B, B-1/B-2, etc.).

Factors for Successful Returning Resident Application

The central determination in an SB-i Returning Resident awarding is whether the applicant was unable to travel to the U.S. due to extraordinary circumstances beyond his or her command.     The applicant for SB-1 Returning Resident Condition must show:

  • That they were a lawful permanent resident when they last departed the U.S.,
  • That when they departed they intended to render to the U.Southward. and have maintained this intent throughout the period of stay outside of the U.S.,
  • That they are returning from a temporary visit away and that the extended stay was caused by reasons beyond their control and for which they were not responsible, and
  • That they are eligible for the immigrant visa in all other respects (such as criminal, health, etc. reasons).

In nearly SB-1 applications the master focus is on the reasons for remaining outside of the U.S. for extended period of time and how these reasons were outside of the applicant'due south command.   A successful SB-1 application should exist able to convince (an often skeptical consular officer) of the special circumstances past articulate evidence.

Traveling Without SB-1 Approval?   Abandonment Can Occur Fifty-fifty Afterwards Travel to the U.S.

There are many green card holders who, intentionally or not, travel to the U.South. using their green carte du jour after having spent more than ane year exterior of the U.S. and without applying for SB-i Returning Resident visa.    During U.S. Customs and Border Protection (CBP) inspection at the port of entry, some green card holders are confronted almost their stay outside of the U.S. and many are placed in removal proceedings due to abandonment.

On the other hand, many people are admitted at the port of entry as green card holders without whatever further action at the port of entry.   Still, an admission every bit a greenish card holder does not "gear up" the abandonment issue.   It is possible, years after the fact, for the U.S. authorities to make a determination that the light-green carte had been abandoned and to place the applicant in removal proceedings at that time.

When there has been stay outside of the U.S. and possible abandonment, we do not recommend traveling to the U.S. without first obtaining an SB-1 Returning Resident visa (perhaps later consulting an chaser to evaluate the state of affairs in detail).

Determination

As described in this article, a green card abandoned past spending an extended period of time exterior of the U.South.  is very hard (and costly) to reinstate.   Our function e'er recommends erring on the side of caution and obtaining a reentry permit when there is possibility that a trip outside of the U.S. may accept more ane year or if at that place will be a pattern of spending extended period of time abroad.     For those greenish menu holders who are facing abandonment of their greenish card we would recommend carefully evaluating the type of excuses (and the supporting documents) which tin can permit an SB-1 Returning Resident application to be canonical.

Our role has developed expertise in handling reentry permits and SB-1 Returning Resident applications in a variety of situations and we will be happy to analyze a particular situation and provide options.   Please give us some details for a free chaser reentry permit instance review and options or feel gratis to contact us with whatever other questions or concerns.