All other immigrants who hold permanent resident status and reside outside of the United States for more than 12 months without prior approval from U.S. Citizenship and Immigration Services (USCIS) must obtain a new immigrant visa to return to the United States. Prior approval from USCIS consists of a re-entry permit which can only be applied for in the United States. The holder of a USCIS re-entry permit may remain outside of the United States during validity period of re-entry permit normally up to 24 months. For more details on applying for a reentry permit please visit the
USCIS website.
A former immigrant who has lost permanent resident status and desires to return to the United States as an immigrant must obtain 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.
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.