What if I have been outside the U.S. for longer than 12 months?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.
Important: Conditional residents of the United States who fail to file an application to have conditional resident status removed are required to apply for a new immigrant visa. They are not eligible to apply as a returning resident.
How do I apply for a returning resident visa?Applicants who wish to apply for returning resident (SB-1) visas should come the Consular Section of the U.S. Embassy in Warsaw well in advance of their intended travel (at least three months) to permit sufficient time for visa processing.
Applications to Determine Returning Resident Status, form DS-117 are accepted from 1:30 pm to 3:00 pm, Monday through Friday, except for American and Polish public holidays.
What is the fee for processing a returning resident visa?The fee for filing form DS-117 and determining Returning Resident Status is USD 400.
The immigrant visa application fee is USD 400.
Both fees are payable at the consular section only, in U.S. dollars or the equivalent in Polish currency at the Embassy's exchange rate; in cash or by a credit card (Visa, MasterCard, American Express, Novus/Discover or Diners only). Checks are not accepted. Both fees are non-refundable.
Can I still receive a nonimmigrant visa if my application for a returning resident immigrant visa is denied?
If an application for returning resident 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.
For further information on returning resident visas please click here.
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