IMMIGRANT VISA SERVICES

Returning Resident Aliens

In order to enter the United States on a green card, alien residents are usually required to provide evidence of their legal residence status in the U.S. as well as evidence that their last temporary departure from the U.S. did not take place more than one year ago. If a resident alien's stay aboard exceeded the one year limit, his/her status as a permanent resident is invalid.

Legal permanent residents who have remained outside the U.S. for more than a year may, however, qualify for "returning resident alien status," and be granted a new immigrant visa. To qualify, you must fill out the DS-117 application and submit evidence that:

• You had the status of an alien lawfully admitted for permanent residence at the time of departure from the United States;


• You departed from the United States with the intention of returning and you have not abandoned this intention; and


• You 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 are not responsible.

Applicants must submit evidence with the application to support the above requirements, including proof of lawful permanent residence (airline tickets, passport stamps, etc.), dates of travel outside of the United States, proof of ties to the United States and intention to return (tax returns, and evidence of economic, family and social ties to the United States), and proof a protracted stay was for reasons beyond the applicant's control (medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.). You also will need to pay a $400 application fee, which is not refundable should your application be denied.

Applicants interested in this service can visit the Consular section on Fridays between noon and 2:00 p.m., or call any Monday through Friday between 9:00 a.m. and 11:00 a.m.

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