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Form DS-117 (Application to Determine Returning Resident Status)

If a lawful permanent resident remains outside the country due to circumstances beyond his or her control, he or she may be able to apply for a special immigrant visa by filling in Form DS-117

Green card holders don’t always realize spending long periods abroad can undermine their status in the United States. Lawful permanent residents face issues returning to the United States if they spend long periods out of the country.

Lawful permanent residents or conditional permanent residents who spend over a year or beyond the time allowed in their re-entry permit out of the country require new immigrant visas to return to the USA.

However, if a lawful permanent resident remains outside the country due to circumstances beyond his or her control, he or she may be able to apply for a special immigrant visa by filling in Form DS-117.

You may be eligible for a Returning Resident (SB-1) immigrant visa if you are a lawful permanent resident who is unable to return to the United States within the validity period of the green card (one year), or the two years for a re-entry permit.

You should complete form DS-117 to determine returning resident status. You must also submit your permanent resident card, and your re-entry permit if it’s available.

You must provide other evidence to the nearest U.S. consulate or embassy at least three months before travel to allow time for visa processing. You should show airline tickets and passport stamps that provide evidence of travel. Demonstrate proof of your ties to the United States and evidence of your intention to return. Evidence of your status in the United States can include tax returns and ties to family members in the U.S.

To avoid repeating the long process of obtaining a new immigrant visa, you must provide evidence that your long stay outside the country was for “reasons beyond your control and for which you are not responsible.” Examples include a serious illness or employment with a U.S. company abroad.

Your application will be reviewed by a consular official who will decide if you meet returning resident status.

If you return Form DS-117 and supporting documentation but fail to meet the criteria for a returning resident immigrant visa, you may qualify for a nonimmigrant visa. Your immigration lawyer can advise you on a case-by-case basis.

The U.S. Department of State grants an exception to spouses for children of U.S. Armed Forces members or civilian employees of the U.S. Government who are working aboard in an official capacity.

If you fall into this category, you can use your green card  (Form I-551) to re-enter the United States, even if it has expired. You will not need a returning resident (SB-1) immigrant visa provided you have not abandoned your lawful permanent president status and your spouse or parent is returning to the United States.

Green card holders who intend to spend protracted periods abroad should always check the rules before they leave to make sure they are protected. Call Gardner & Mendoza at (757) 464-9224.

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Testimonials

Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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