What other major conditions apply, how is the status obtained, and what renewal, document-validity, retention or loss rules matter?
Apply at the nearest U.S. Embassy or Consulate, ideally at least three months before intended travel, with Form DS-117 (Application to Determine Returning Resident Status), the Permanent Resident Card (Form I-551), the Re-entry Permit if available, and evidence of travel dates, ties to the U.S. and intention to return, and that the protracted stay abroad was for reasons beyond the applicant's control. An interview is required. If approved, no new immigrant visa petition with USCIS is needed, but the applicant must be eligible for the immigrant visa in all other respects, complete Form DS-260, have a medical examination and pay DS-260 processing and medical fees. If refused on the grounds that residence was abandoned or relinquished, the person may have to apply for an immigrant visa on the same basis and under the same category as originally, or possibly a nonimmigrant visa. Spouses or children of U.S. Armed Forces members or U.S. government civilian employees stationed abroad on official orders may enter with an expired Form I-551 if they have not abandoned LPR status and the spouse or parent is returning.
See recorded sources
- https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html
If you wish to apply for a Returning Resident (SB-1) immigrant visa, you should contact the nearest U.S. Embassy or Consulate in advance of your intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing. As part of the visa application process, an interview at the U.S. Embassy or Consulate is required.
- https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html
- A completed Application to Determine Returning Resident Status, Form [DS-117]
- Your Permanent Resident Card, Form I-551
- Your Re-entry Permit, if available
- https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html
- Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
- Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
- Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)
- https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html
A consular officer will review your application and supporting documents to determine whether you meet the criteria for Returning Resident (SB-1) status. If you do, you must be eligible for the immigrant visa in all other respects in order to be issued a Returning Resident (SB-1) immigrant visa.
- https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html
If your application for returning resident status is approved, this eliminates the requirement that an immigrant visa petition be filed on your behalf with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). You will need to be interviewed for both your application for returning resident status, and usually later for the immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees.
- https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html
- Form DS-260 application processing fee
- Medical exam and vaccination fees
- https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html
If, after reviewing your Application to Determine Returning Resident Status, Form DS-117, and supporting documents, the consular officer determines that you do not meet the criteria for a Returning Resident (SB-1) immigrant visa on the grounds that you have abandoned or relinquished your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis and under the same category by which you immigrated originally.
- https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html
If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you:
- Have not abandoned your LPR status; and
- Your spouse or parent is returning to the United States.
