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| Immigration and naturalization Law for RETURNING RESIDENT ALIEN | A permanent resident alien returning to the United
States from a foreign country for less than a year may apply for
readmission by presenting green card to the immigration authorities at
a port of entry. The one-year time limitation does not apply to the
spouse or child of a member of the Armed Forces of the United States,
or of a civilian employee of the U.S. Government stationed abroad
pursuant to official orders. In this case, the spouse or child must
present the card mentioned above, not have relinquished residence, and
be preceding or accompanying the member or employee, or be following to
join the member or employee in the United States within four months of
the return of the member or employee.
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 Immigration and Naturalization
Service 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.
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 nearest consular office well in advance of their intended
travel (at least three months in advance, if possible) to permit
sufficient time for visa processing.
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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