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adventurer1

Returning Resident Visa

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Anyone out there that have gone this route after Lapse to return within 12months period?

 

Someone has been in the unfortunate position of illness during the 12month out of state period and could not return in that period.

 

It seems that their only option is to apply for Returning resident visa application?

The success rate seem to be very low

 

Any advise?

 

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I have no experience in this regard, but if illness kept this person away, and I assume it can be proven with medical records, then I cannot see why he/she will not qualify 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 departure from the United States;
Departed from the United States with the intention of returning and have not abandoned this intention; and
Are returning to the United States 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.

 

 

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In addition to medical records, I guess an important way to show they didn't intend to stay out that long was to have a return ticket for before the 12 month period would be up. Plus bank accounts, rental lease etc would help. And of course, very important, that they continued to file tax returns with the IRS.

 

This page (legal site not official USCIS one) has some more info. http://www.immihelp.com/greencard/returning-resident-visa.html

 

I'd guess this might be an instance where it is worth contacting an immigration lawyer for help drawing up the application, given the low success rate. (I'm guessing the low success rate is partly due to many applications being people who just changed their minds rather than genuinely having a problem preventing return). Best of luck to your friend.

Edited by SJ27

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thank guys

I will inform them

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