What Is Returning Resident Visa?

The re-entry permit is valid for 2 years and is given to lawful
permanent residents or Green Card holders to come back to US after a
specific period. But when they are going to going to be back within 12
months or till the re-entry permit is valid, it works. But in case,
the re-entry permit lapses, as a green card holder, you will need to
apply for the returning resident visa if you want to continue staying
in US on a long term basis.The SB-1 visa or the returning resident
visa is considered for only those who have a green card when they left
US and now need the visa to be able to stay on in US as the green card
maybe invalid due to an overseas stay that has been more than 12
months. You can apply for the returning resident visa at the closest
US Consulate but have to prove that the permit lapsed due to
circumstances beyond your control, you could not return earlier. And
if you are eligible for the resident visa, there are no further
clearances that you will need by the US Citizenship and Immigration
Service and Homeland Security.




But before you go and file for the returning resident visa, you need to
check whether you are eligible to apply. Some of the perquisites
include:• Intent to reside in US at the time you departed and still
want to continue living in US
• You could not come back earlier/re-entry became invalid because of
circumstances beyond your control
• It was a temporary stay after which you are returning
• When you went from US, you were a lawfully permanent citizenBut in
case, your petition is rejected, you would need to apply for the immigrant
visa which is a requirement by USCIS. You will need to undergo the
interview rounds and medical examination. For both the medical test and
visa processing, you will need to pay a fixed fee at the US consulate.
When you are filing a petition for the returning resident visa, it is best
to do it before 90-days of your travel date to ensure sufficient time has
been given for processing. There are numerous documents that need to be
submitted including:• DS-117 (application for returning resident
visa)
• Copy and original Permanent Resident card- Form 551
• Lapsed re-entry permit
• Tickets and passport stamps
• Economic and family ties to US
• Valid proof that your stay was extended due to circumstances
beyond your control. There are instances when a medical emergency happens
or the permanent citizen is married to a foreign spouse and cannot return
to US within the validated time. However, the USCIS requires proof of the
circumstances before you are given the returning resident visa.




It is best to check with an immigration attorney about the visa
requirements and whether you would be eligible. The attorney would be able
to help you with the complete visa process and documentation. In addition,
they are knowledgeable about the recent developments and changes in the
law and regulations and can help you.

For the latest information on obtaining a Returning Resident Visa and
on finding a US immigration lawyer visit the eb-5investorgreencard
.com information pages.