Returning Resident Visa

A Bangladeshi-U.S. Legal Permanent Resident (called 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 U.S. 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 a Bangladeshi-U.S. LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at U.S. Embassy in Dhaka, Bangladesh for a Returning Resident (SB-1) immigrant visa.

If your application for returning resident status is approved, this eliminates the requirement that an immigrant visa petition be filed on your behalf with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). 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.

You may apply for a returning resident status if:

• At the time of departure from the U.S., you were a lawful permanent resident;
• You left the U.S. with the goal of returning and have maintained this intention;
• If you are returning to the U.S. from a brief visit out of the country and your stay abroad was extended due to circumstances beyond your control;
• You are eligible for the immigrant visa in all other aspects.

If the returning resident status if denied because you relinquished your residence in the U.S., it may or may not be possible for you to obtain a nonimmigrant visa. It would depend on whether you have established a residence abroad to which you will return. If you cannot submit persuasive evidence of ties abroad, you may have to apply for an immigrant visa on the same basis by which you immigrated originally.
 Abandoning Legal Permanent Resident Status.

Note: Individuals anticipating whether to submit an application for returning resident status should carefully evaluate whether your circumstances meet the criteria outlined above. The application fee is non-refundable and the evaluation process is quite rigorous. It is also worthy to consider that approval of returning resident status does not guarantee issuance of a visa.