Q: A few years ago, my daughter filed for me and I migrated to the United States (US). I got my green card but did not naturalise as a US citizen. Three years ago, I came back to Jamaica to stay with my other daughter but got sick and couldn’t travel for a while. Now, I want to go back to the US. I have heard I should apply for a returning resident visa. What is that?

A: A permanent resident (lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under US visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control.

If you are an LPR who was unable to return to the United States within the travel validity period of the green card (one year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the embassy for a Returning Resident (SB-1) immigrant visa. If your application for returning resident status is approved, this eliminates the requirement that a new immigrant visa petition be filed on your behalf with the Department of Homeland Security, US Citizenship and Immigration Services.

You will need to be interviewed for both your application for returning resident status, and usually later for the immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees. If you wish to apply for a Returning Resident (SB-1) immigrant visa, you should contact the embassy in advance of your intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

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 US;

• Departed from the US with the intention of returning and have not abandoned this intention; and

• Are returning to the US 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.

You should submit the following forms and documents:

• A completed Application to Determine Returning Resident Status, Form DS-117;

• Your Permanent Resident Card;

• Form I-551; and

• Your Re-entry Permit, if available.

You will also need to submit supporting documents that show dates of travel outside of the US (examples: airline tickets, passport stamps, etc); proof of your ties to the US and your intention to return (examples: tax returns, and evidence of economic, family, and social ties to the United States); and proof that your protracted stay outside of the United States was for reasons beyond your control (examples: medical incapacitation, employment with a US company, etc).

A consular officer will review your application and supporting documents to determine whether you meet the criteria for Returning Resident (SB-1) status. If you do, you must then be eligible for the immigrant visa in all other respects in order to be issued a Returning Resident (SB-1) immigrant visa. The embassy will provide you with specific instructions for the remainder of the processing for your Returning Resident (SB-1) immigrant visa.

If, after reviewing your Application to Determine Returning Resident Status, Form DS-117 and supporting documents, the consular officer determines that you do not meet the criteria for a Returning Resident (SB-1) immigrant visa on the grounds that you have abandoned or relinquished your residence in the US, it may or may not be possible to obtain a nonimmigrant visa depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa, on the same basis and under the same category by which you immigrated originally.

Links to the required forms and information on the current fees can be found at our website and at the US Department of State’s website at

travel.state.gov/content/visas/en/immigrate/returning-residents.html.

Reminder

Your appointment time is your arrival time, NOT your interview time. Do not show up earlier than your appointment time.

You can find more information about how to travel to the US on the embassy’s website at

kingston.usembassy.gov and the website of our authorised service provider atusvisa-info.com. Keep on top of embassy news on ourFacebook page,facebook.com/pages/USEmbassy-Jamaica, and by following@USEmbassyJA onTwitter. We also answer general visa questions on ourFacebook andTwitter pages.

You may also send your questions to:

editorial@ jamaicaobserver.com to be forwarded to the embassy.