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RETURNING RESIDENT ALIEN :
A permanent resident alien returning to the United States
from a visit abroad of less than a year may apply for readmission
by presenting an Alien Registration Receipt Card ("green
card") to the immigration authorities at a port of entry.
A permanent resident alien who intends to remain abroad for more
than a year should, at least 30 days prior to the proposed date
of departure, apply while in the United States to the U.S. Immigration
and Naturalization Service for Reentry Permit. The permit is valid
for two years and may not be extended. If such a permit is obtained
the alien may use this card to reenter the United States within
the period of validity. Every alien applying for readmission must
satisfy the immigration authorities that he or she is eligible
in all respects for admission.
A Reentry Permit does not preserve residence for naturalization
purposes. An application for preservation of residence must be
filed with USCIS prior to departure from the United States.
Permanent resident aliens who are unable to return to the United
States within the travel validity period of the Alien Registration
Receipt Card, or the Reentry Permit, may apply to the nearest
U.S. consular office for a special immigrant Returning Resident
(SB-1) visa.
To qualify for such status aliens must show
- That they were lawful permanent residents when they departed
the United States.
- That when they departed they intended to return to the United
States and have maintained this intent:
- That they are returning from a temporary visit abroad and,
if the stay was protracted, that it 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.
Applicants who wish to apply for Returning Resident (SB-1) visas
should contact the nearest consular office well in advance of their
intended travel (at least three months in advance, if possible)
to permit sufficient time for visa processing.
If the returning Resident (SB-1) visa is refused on the grounds
that the alien has given up his residence in the United States,
it may or may not be possible to obtain a nonimmigrant visa, depending
on whether the applicant has established a residence abroad to which
he will return.
If the applicant wishing to return to the United States cannot submit
convincing evidence of compelling ties abroad he may have to apply
for an immigrant visa on the same basis by which he immigrated originally,
if that is possible.
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