In the majority of cases, legal permanent residents (LPRs, or “green card” holders) who have been outside the United States for less than one year need only present their green card and a valid passport to reenter the United States as residents. Once an LPR has been outside the United States for more than one year, however, it is necessary to apply for a special returning resident alien visa (SB1) in order to reenter the United States.

This one-year limit does not apply to the spouses or children under the age of 21 of members of the Armed Forces of the United States, nor does it apply to U.S. government employees who have been assigned abroad under official orders.

To qualify for the SB1 visa, applicants must show that:

1. They were lawful permanent residents when they departed the U.S.
2. When they departed they intended to return to the U.S. and have maintained this intent
3. 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
4. They are eligible for the immigrant visa in all other respects

How do I apply for the SB1 visa?
You should visit the Immigrant Visa window of the Consular Section at 1:30 pm, Monday through Thursday. At that time you will be given the necessary forms as well as additional information on how to apply.

What can I do if my application for an SB1 visa is denied?
If your SB1 visa is denied, you have two possible avenues of action. 1) If your SB1 visa application was denied because the consular officer determined that you have abandoned your residence in the United States, you can apply for a nonimmigrant visa. Please visit the nonimmigrant visa section of this website for information on the requirements for this visa. 2) If you do not qualify for the nonimmigrant visa because you were unable to establish that you have strong ties to a country outside the United States, you may attempt to re-apply for the immigrant visa, as long as you still qualify.

I am a green card holder and I live in the United States, but I have to return to my home country for a period of time longer than a year. Is there any process I can follow to maintain my residence in the U.S., therefore avoiding having to apply for an SB1 visa?
Yes. If you are a green card holder, do not intend to abandon your U.S. residence, and know ahead of time that you will have to remain outside the United States for a period of time greater than a year, you can apply for a reentry permit. The Department of Homeland Security (DHS, previously INS) handles all applications for reentry permits. This application must be made at least 30 days BEFORE YOU LEAVE THE U.S. The reentry permit is valid for 2 years and cannot be extended.