LEGAL PERMANENT RESIDENT SERVICES

U.S. Immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the U.S. for more than 12 months may result in a loss of legal permanent resident status.

U.S. Government personnel (military and direct-hire civil service employees), their spouses and minor children who hold legal resident status in the United States may remain outside of the United States for the duration of an official overseas assignment plus four months without losing their immigrant status. All other immigrants who hold U.S. resident status and reside out of the United States for more than 12 months without prior approval from U.S. Citizenship and Immigration Services (USCIS, formerly U.S. INS) must obtain a new immigrant visa to return to the United States. Prior approval from the USCIS consists of a re-entry permit which can only be applied for in the United States. The holder of an USCIS re-entry permit may remain outside of the United States up to 24 months. For more details on appling for a reentry permit please visit the USCIS website.

A former immigrant who has lost U.S. resident status and desires to return to the United States must do so using a new immigrant visa based on either an approved immigrant petition or returning resident status. A U.S. relative (spouse, parent, offspring or sibling) or U.S. employer may file an immigrant petition on behalf of the former immigrant in the normal manner. Information on the various types of immigrant and employment based petitions are contained elsewhere in this website. An immigrant petition filing fee is at least $130.

The second way is for the immigrant to apply for returning resident status. An application for returning resident status requires evidence of the applicant's continuing, unbroken ties to the United States, that the stay outside the United States was truly beyond the applicant's control and that the intent of the applicant was to always return to the United States. Evidence may consist of continuous compliance with U.S. tax law, ownership of property and assets in the United States and maintenance of U.S. licenses and memberships. Having U.S. relatives, attending school overseas or stating an intent to return is generally insufficient.

Applicants for Returning Resident status must complete form DS-117 and pay a filing fee of $360. The DS-117 and supporting documents may submitted by mail or in person. Appointments are available on Wednesdays. (Schedule an Appointment)

If the returning resident status is approved the applicant will then need to apply for an immigrant visa. Only after the applicant informs us that all the documents are in hand, can we schedule a visa interview. We conduct interviews by appointment only on Monday mornings and afternoons and Tuesday afternoons. If approved, a visa is issued the same day. The immigrant visa fee is $335 per applicant.