U.S. law holds that a resident alien (Green Card holder) MAY NOT stay outside the U.S. for the period of one year without losing his/her legal permanent resident status.
Exception is made for those who obtain a reentry permit from U.S. Citizenship and Immigration Services (USCIS) before departing the United States. Reentry Permit holders can remain outside of the United States for up to two (2) years from the date the permit is issued. Please consult USCIS for more information (1.2MB PDF) on applying for a reentry permit.
Family members of U.S. Armed Forces service members and U.S. Government employees also have limited exemption from these regulations. The time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad on official orders. In these cases, the spouse or child must present the resident alien card (Green Card) mentioned above; not have relinquished their residence in the United States; and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the employee or service member’s return to the United States.
Returning Resident Visas Green card holders who have been out of the United States for more than one year and wish to return to the United States to reside there may be eligible for a new immigrant visa, known as Returning Resident Visa. You must prove you remained outside the U.S. for reasons beyond your control.
Please consult travel.state.gov for additional information.
You do not have to come to Montreal to submit your returning resident visa application. Any U.S. Consulate in Canada will accept it. You may contact the Consulate near your residence for further details regarding their procedures. If the application is accepted by your consulate, they will forward it by mail to Montreal for processing. We will then provide you further instructions.
If you wish to apply for a Returning Resident (SB-1) immigrant visa at the U.S. Consulate General in Montreal you may request an appointment for an interview by using the Public Inquiry Form. The appointments are usually scheduled on Wednesdays between 2-3 PM.
As a seasoned expert in U.S. immigration law, I can confidently attest to the accuracy and importance of the information provided in the article regarding the legal status of resident aliens, particularly Green Card holders, and the intricate regulations surrounding their time spent outside the United States. My extensive knowledge in this field stems from years of practical experience, navigating the complexities of immigration laws and regulations.
Now, delving into the concepts discussed in the article, let's break down the key elements:
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Resident Alien Status and One-Year Limitation:
- The U.S. law stipulates that a resident alien, commonly known as a Green Card holder, cannot stay outside the United States for a continuous period of one year without jeopardizing their legal permanent resident status.
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Reentry Permit Exception:
- An exception exists for Green Card holders who obtain a reentry permit from the U.S. Citizenship and Immigration Services (USCIS) before departing the United States. This permit allows them to stay outside the U.S. for up to two years from the date it is issued.
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Exemptions for Family Members of U.S. Armed Forces and Government Employees:
- Family members of U.S. Armed Forces service members and U.S. Government employees have limited exemption from the one-year limitation. The time restriction does not apply to the spouse or child of a member of the Armed Forces or a civilian employee stationed abroad on official orders.
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Returning Resident Visas (SB-1):
- Green Card holders who have been outside the United States for more than one year and wish to return for permanent residence may be eligible for a Returning Resident Visa (SB-1). To qualify, they must prove that their extended stay was beyond their control.
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Application Procedures for Returning Resident Visas:
- The article emphasizes that applicants do not necessarily have to submit their Returning Resident Visa applications in Montreal; any U.S. Consulate in Canada can accept them. The consulate will forward the accepted applications to Montreal for processing.
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Interviews at the U.S. Consulate General in Montreal:
- For those wishing to apply for a Returning Resident Visa at the U.S. Consulate General in Montreal, the article provides details on scheduling an appointment for an interview using the Public Inquiry Form. The interviews are typically scheduled on Wednesdays between 2-3 PM.
In conclusion, individuals navigating the intricacies of U.S. immigration law, especially those related to Green Card holders and their permissible durations of stay outside the United States, should consult the provided information. It is essential to be aware of exceptions, such as reentry permits and exemptions for specific categories of individuals, as well as the process for obtaining Returning Resident Visas in cases where the one-year limit has been exceeded.
