Qualifying for Returning Resident Status

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you

  • Had the status of a lawful permanent resident at the time of the last departure from the U.S.
  • Departed from the U.S. with the intention of returning and have not abandoned this intention; and
  • Are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and
    for which you were not responsible.

Who is Not Eligible:

  • If you are a Conditional Resident (CR-1/ CR-2) and you did not file an application to have your conditional status removed, you are not eligible to apply for Returning Resident Status.
  • If you have ever filed Form I-407, Abandonment of Permanent Resident Status, you are are not eligible to apply for Returning Resident Status.

If you are not eligible to apply for Returning Resident Status and still wish to immigrate to the United States, a new immigrant visa petition will need to be filed on your behalf.