Assistance for U.S. Lawful Permanent Residents (LPRs)
Returning Residents
In general, LPRs would abandon their lawful resident status if they remained outside the U.S. for more than one year without obtaining a Reentry Permit from USCIS prior to their trip abroad. However, LPRs who have been outside the United States for more than one year may be eligible for a returning resident status, SB-1 Special Immigrant visa.
Returning resident status may be granted if the applicants can show evidence that: a) they were lawful permanent residents when they departed from the U.S.; b) at the time of departure from the U.S. they intended to return to their domicile in the U.S. and maintained this intent throughout their stay abroad; c) the stay abroad was protracted by reasons beyond their control and for which they were not responsible; d) they are eligible for the immigrant visa in all other respects.
Important: Conditional Permanent Residents are not eligible to apply for a returning resident status even though the above circumstances may apply. If you used to have a conditional resident status and you failed to timely file Form I-751 Petition to Remove the Conditions of Residence during the 90 days before the card expires then you are required to have a new immigrant visa.
How do I apply for a returning resident status?
Please schedule an appointment with the Consular Section of U.S. Embassy Riga by calling +371 – 6703- 6218 or sending an e-mail to askconsular@usriga.lv. A Consular Officer will interview you and review the documentary evidence to determine if you are eligible for a returning resident status.
Please prepare the following documents to present to the Consular Officer at the time of your appointment:
- Form DS-117 Application to Determine Returning Resident Status;
- Photo ID (such as your passport, driving license, etc.);
- Evidence showing how you acquired U.S. legal permanent resident status (a copy of your immigrant visa, USCIS admission stamp or an approval notice, etc.);
- Evidence showing the date when you last departed from the U.S. (e-tickets, boarding passes, etc.);
- Evidence showing continuous residence in the U.S. such as employment records from the U.S. employer, proof of children’s enrollment in a U.S. school, U.S. income tax returns for the past years, property ownership in the U.S., etc.;
- Evidence showing you had a definite reason for a temporary travel abroad;
- Evidence showing your stay abroad was for reasons beyond your control and for which you were not responsible;
- Notarized English translations of all the documents presented as the above listed evidence;
- $ 400.00 fee. The fee is payable at the Consular Section in U.S. dollars or the equivalent in Latvian currency in cash or by credit card. The fee is non-refundable.
What happens next?
Cases approved by the Consular Officer in Riga are forwarded to the U.S. Embassy in Warsaw, which processes immigrant visas for Latvian residents. U.S. Embassy in Warsaw will then provide applicants with information package explaining what documents are required for immigrant visa processing. The information package will be sent to the applicant’s mailing address in Latvia. For more information, please click here.
The immigrant visa process involves several steps, therefore, applicants who wish to travel back to the U.S. under SB-1 visa category should initiate the process by filing the above documents with U.S. Embassy Riga well in advance of their intended travel (at least three months) to allow sufficient time for visa processing.
What if the Consular Officer establishes that I do not qualify for a returning resident status? May I be eligible for a visitor or other non-immigrant visa?
If your application for a returning resident status is refused you still may be eligible for other U.S. immigration benefits. For example, you may be able to apply under a new immigrant visa petition (employment based or family based), or you might be able to qualify for a non-immigrant status if you have established a permanent residence outside the U.S. to which you will return after a temporary stay in the United States. Please consult page Types of Non-immigrant Visas.
Please note: If you intend to apply for a non-immigrant visa you will be asked to file Form I-407 Abandonment of Lawful Permanent Resident Status to clarify your status. Former LPRs are asked to execute this document and surrender their I-551 (green card) before they can be issued a non-immigrant visa. Please consult section Frequently Asked Questions for more information on how to file Form I-407 with the Embassy Riga.