Green Card Holders - Returning Resident (SB1) Visas
If you are a legal permanent resident alien returning to the United States after being overseas less than 12 months, 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.
An LPR or 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 reenter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of special immigrant status as a returning resident to an alien who has remained outside the United States due to circumstances beyond his / her control. 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 required to establish his / her eligibility for an immigrant visa, attend a medical and pay a new set of visa processing fees.
To qualify for such 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;
- that you are eligible for the immigrant visa in all other respects.
If you have lost your permanent resident status, and you wish to apply for Returning Resident visa, you must submit evidence to support the above requirements along with the "Application to determine returning resident status" Form DS-117 and a fee.
If the application for returning resident status is approved by the consular officer, the immigrant visa unit will send you information regarding the process of the returning resident (SB-1) visa.
Please note that the fee is non-refundable if your application is refused.
http://www.travel.state.gov/visa/immigrants/info/info_1333.html