Applying for A Returning Resident
Visa
When a legal permanent resident of the United States remains abroad for more than one (1) year without permission from the U.S. Citizenship and Immigration Services (USCIS), the person is generally considered to have abandoned U.S. residency and is subject to loss of Legal Permanent Resident (LPR) status.
Applicants should contact the Manila office of the Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) to determine their current immigration status, and if they are eligible to receive a Boarding Letter as a U.S. Legal Permanent Resident (LPR). Applicants may reach DHS/USCIS Manila by fax at 301-2208 or may consult USCIS directly at the public inquiries window (Window 35) at the U.S. Embassy, Monday through Friday, 8:00 a.m. – 12:00 noon. Case inquiries can also be sent by e-mail to MPHInquiry.CIS@dhs.gov.
If DHS/USCIS determines that the applicant is not eligible to receive a Boarding Letter, the individual may find relief as a “returning resident” as defined in Section 101(a)(27)(a) of the Immigration and Nationality Act (INA), as amended. This section of the law defines a “special immigrant,” also known as a “returning resident (SB1),” as any immigrant lawfully admitted for permanent residence who is returning to the U.S. following a temporary visit abroad.
In order to qualify as a returning resident, individuals must apply at the U.S. Embassy to demonstrate to a consular officer that they departed the U.S. with the intention of returning after a stay of less than one (1) year abroad, and their failure to return to the U.S. as planned must be shown to have been for reasons beyond the individual’s control.
Returning resident application forms and guidelines are available at the Embassy’s Immigrant Visa Branch, Monday through Friday between 1:00 p.m. and 2:30 p.m. The forms (DS-117: Application to Determine Returning Resident Status and DS-230: Application for Immigrant Visa and Alien Registration) may be picked-up in person or by a representative at the Embassy. The forms are also available on-line at http://travel.state.gov/visa/frvi/forms/forms_1342.html.
The completed returning resident questionnaire (below), application forms (DS-117 and DS-230), and supporting documents (passports, alien registration receipt card, etc.) may be submitted personally at the Immigrant Visa Branch’s Check-in Counter (Window X), Monday through Friday, between 1:00 p.m. and 2:30 p.m., by regular mail, or by courier delivery service.
Returning resident visa applicants are required to pay a non-refundable filing fee of US$400.00 (or its local currency equivalent), which may be paid in cash, traveler’s check, U.S. Postal Order, or major credit cards at the Embassy’s consular cashier. The filing fee is NOT the visa application fee. Payment of the filing fee does not guarantee that the application will be approved. The decision may be made only after the application and supporting documents are reviewed by a consular officer.
If approved for returning resident status, the applicant must still meet all other documentary and legal requirements to qualify for a new immigrant visa. If returning resident status is not approved, a new visa petition must be filed on behalf of the applicant.
Questionnaire to Determine Returning Resident (SB1) Status
- Name:
- Address in the United States:
- List of assets in the United States (e.g., real-estate, bank accounts, stocks, bonds, certificates of deposit, etc.):
- Names of family members whom you have filed immigrant visa petitions since you were admitted into the U.S. as a Legal Permanent Resident (LPR):
- Submit one or more of the following documents in support of your returning resident (SB1) application:
- Passport
- Alien Registration (Green) Receipt Card
- Reentry Permit
- Death Certificates
- Medical Records
- School Records
- Other(please specify)___________________________________
_________________
Applicant’s Signature
Date_____________
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