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Frequently Asked Questions

U.S. Immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the U.S. for more than 12 months may result in a loss of legal permanent resident status.

U.S. Government personnel (military and direct-hire civil service employees), their spouses and minor children who hold legal resident status in the United States may remain outside of the United States for the duration of an official overseas assignment plus four months without losing their immigrant status. All other immigrants who hold U.S. resident status and reside out of the United States for more than 12 months without prior approval from U.S. Citizenship and Immigration Services (USCIS, formerly U.S. INS) 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 up to 24 months. For more details on applying for a reentry permit please visit the USCIS website.

A former immigrant who has lost U.S. resident status and desires to return to the United States must do so using 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.

To apply for returning resident status, see here.