Frequently Asked Questions Regarding Legal Permanent Residents

Lal Varghese, Attorney at Law, Dallas

Q: I have been outside of the United States for over one year and do not have a valid reentry permit may I return to the U.S.?

A: A legal permanent resident who remains outside the U.S. for over one year without a valid reentry permit has jeopardized his/her legal resident status.  If such a person wishes to return to the U.S. as a legal resident, he/she has two options-

1. Either a relative in the United States files a new immigrant visa petition OR

2. The LPR who has lost his/her residency status applies for a Returning Resident (SB-1) visa. 

In order to apply for an SB-1 visa, the LPR must visit http://www.ustraveldocs.com/in, and schedule a Consular interview using Category 2 appointment slot. Please bring the following documents to your Consulate appointment.

•Completed Form DS-117

•A valid passport

•Two identical 2 x 2 inches photographs

•A bank draft drawn on a nationalized or foreign bank in favor of the American Consulate General Mumbai. For fee information, click here.

•LPR card.

•Evidence to demonstrate that your protracted stay outside of the U.S. was for reasons beyond your control

Q: I am a legal permanent resident of the U.S. but I wish to remain outside the U.S. for over one year.  Is it possible to do so?

A: Under current regulations a legal permanent resident of the United States (i.e. a person holding a green card) must return to the U.S. within 364 days of the last departure in order to retain status as a permanent resident.  If the person has obtained a reentry permit, the person must return to the United States within the validity of the reentry permit in order to retain status as a permanent resident.  Reentry permits cannot be extended, and applications are only accepted in the U.S. by the U.S. Citizenship and Immigration Services and physical presence of applicant is needed in United States when filing the application and also at the time of biometric appointment.

Note: This is the first part of Question and Answers series of a three part article. The same information is available at www.travel.state.gov web site of the Dept. of State. Thanks.

Disclaimer:  Lal Varghese, Attorney at Law, with more than 36 (about 21 years in U. S. Immigration Laws) years of experience as an Attorney, mainly practices in U. S. immigration law and is located in Dallas, Texas. He does not claim authorship for above referenced information since it is obtained from several sources including USCIS, DOS web sites, AILA and other Internet based legal sources, and published for the benefit of the general public. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matter collected from various legal sources. For individual cases and specific questions you are advised to consult any attorney of your choice or contact your State Bar Organizations or local Bar Associations or American Immigration Lawyers’ Association (AILA) for finding an attorney or for any legal help. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com or www.facebook.com/groups/usattorney for information about U. S. immigration law related matters. Lal Varghese, Attorney at Law can be reached at (972) 788-0777 or at his e-mail: attylal@aol.com if you have any questions.