It is important to review all regulations prior to starting the application process.
There is a special immigrant visa SB1 created for the cases when a legal permanent resident was outside the U.S. for longer than one year.
Please note: If your reasons for being outside the U.S. for longer than one year were NOT beyond your control, it is unlikely that the visa will be issued.
To schedule the appointment the applicant will need to register at http://www.ustraveldocs.com/ or call to the call center at the following numbers: 044-383-80-66 (if calling from Ukraine) and (703) 988-71-07(if calling from U.S.). The applicant will need to complete DS-117 form – Application to determine resident status. The cost of applying with this form is $180. After the form is completed and the supporting documents provided, the consular officer will conduct an interview to determine if he/she approves this application. If the decision is positive, the applicant will be given the instructions on what documents will be needed for an immigrant visa interview and how this interview could be scheduled. If you are interested in further documents, you can download Information Packet from our web site.
Regulations that might be helpful in preparing the supporting documents
A lawful permanent resident (LPR) who has remained outside the United States for more than one year may be eligible for returning resident status if the consular officer is satisfied that:
(1) The alien departed the United States with the intention of returning to an unrelinquished residence; and
(2) The alien’s stay abroad was for reasons beyond the alien’s control and for which the alien was not responsible.
Documentary Evidence of Continued U.S. Residence
Documentary evidence of an alien’s intent to maintain a U.S. residence may consist of, but is not limited to, the following:
- A driver’s license issued within the past year and reflecting the same address as that recorded on the Form I-94, Arrival-Departure Record
- The name and address of the U.S. employer and evidence that a salary has been paid within a reasonable period of time
- Evidence of children’s enrollment in a U.S. school
- Evidence that extended visit abroad was caused by unforeseen circumstances
- Evidence of having filed U.S. income tax return(s) for the past year(s)
- Evidence of property ownership, whether real or personal, in the United States