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. Citizenship and Immigration Services (USCIS)
in the Department of Homeland Security 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.
You should keep in mind that 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. Further information may be obtained from the
USCIS office having jurisdiction over the alien''s place of residence
in 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 consular section well in advance of their intended
travel (at least three months in advance, if possible) to permit
sufficient time for visa processing. You may send your request
via e-mail to MontevideoIV@state.gov.
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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