Permanent residents that wish to reenter the U.S., need to present his or her green card and passport from their country of citizenship for readmission if the trip duration is less than one year. If the trip duration is greater than one year, but less than two years then a reentry permit is also needed to enter the U.S. If you are U.S. Government personnel (military and direct-hire civil service employees), or spouse or minor children of U.S. Government personnel and hold legal resident status in the U.S., you may stay abroad for the extent of an official overseas project plus four months without losing your immigrant status. However, all other permanent residents of the U.S. that remained abroad for more than twelve months without obtaining a reentry permit or past the validity period of a reentry permit, will need to apply for a new immigrant visa either by an Approved Immigrant Petition or Returning Resident Status (SB-1) Form DS117 to reenter into the U.S. Conditional residents that failed to file an application to have the conditional resident status removed are obligated to apply for a new immigrant visa. They are not eligible to apply for special immigrant status as a returning resident.

An Immigrant Petition may be filed on behalf of the past immigrant by a U.S. relative (family based) or U.S. employer (employer based). The other option is for you to apply for returning resident status. In order to do so, you must show evidence of the continued unbroken ties to the U.S. and that the trip was extended due to events beyond your control. Contact the nearest consular office well in advance of your planned travel (at least three months in advance, if possible) to allow sufficient time for visa processing.

You may apply for returning resident status if:

• At the time of departure from the U.S., you were a lawful permanent resident;
  
  
• You left the U.S. with the goal of returning and have maintained this intention;
  
  
• If you are returning to the U.S. from a brief visit out of the country and your stay abroad was extended due to circumstances beyond your control;
  
  
• You are eligible for the immigrant visa in all other aspects.

If the returning resident status is denied because you relinquished your residence in the U.S., it may or may not be possible for you to obtain a nonimmigrant visa. It would depend on whether you have established a residence abroad to which you will return. If you cannot submit persuasive evidence of ties abroad, you may have to apply for an immigrant visa on the same basis by which you immigrated originally.

• Need to pay appropriate fee
  Fee details
  
  
• Form DS-117 and DS-156
  
  
• Include evidence to support:
  • Proof of lawful permanent residence, e.g. Form I-151, I-551, Reentry Permit;
    
    
  • Dates of travel outside the U.S., e.g. airline tickets, passport stamps;
    
    
  • Proof of ties to the U.S. and intention to return, e.g. tax returns, and evidence of economic, family and social ties to the U.S.;
    
    
  • Proof that your stay was extended due to circumstances beyond your control, e.g. medical incapacitation, employment with a U.S. company, accompanying a U.S. spouse.
    
    
• Photos
  Submit 1 photograph

Application
Abandoning Legal Permanent Resident Status