|
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 U.S. 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.
A Reentry Permit does not preserve residence
for naturalization purposes. An application for preservation
of residence must be filed with INS prior to departure from
the United States. Further information may be obtained from
the INS office having jurisdiction over the alien's place of
residence in the United States.
Travel documents required for entry into foreign
countries come within the jurisdiction of the government concerned;
information on such matters should be requested from the representatives
of those countries in the United States. A Reentry Permit contains
space for visas issued by consular representatives of other
countries.
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.
Prepared by:
U.S. Department of State Consular Affairs Public
Affairs Staff Washington, D.C. 20520
Revised 6/95
|