Returning Resident Visa

Around December 2019, Raul and Jean, both in their seventies went to the Philippines from the US in order to take a long and well-deserved break. They had laid out their plans on where to go, what to do, and how to enjoy their time with family and friends whom they had not seen in a long time.

Just as they were in the middle of a six-month vacation, COVID-19 hit. And as we all know, everything shut down including travels in and out of different countries. Raul and Jean, both greencard holders were stranded in their hometown and were so worried about their permanent residency status being jeopardized by their prolonged stay outside the US.

Weeks of waiting turned into months which became a couple of years. In addition, both of them contracted the disease and suffered long-term effects. They realized that their health issues can best be treated by their doctors in New York and because they have health insurance provided by the state, they find it financially helpful to come back to America. Is it still possible for them to come back to the US?

US immigration law provides that greencard holders are considered to have abandoned their permanent residency if they stayed outside the US for more than one year and did not apply for reentry permit before they left. However, one remedy exists for this kind of situation. This is the Returning Resident Visa. It is a special immigrant visa granted to greencard holders who remained outside the US beyond their control.

In order to be eligible for this visa, one must prove that he was a greencard holder at the time of his departure from the US, he had the intention of returning to the US and have not abandoned this intention, and that his visit abroad was temporary and the reasons for his protracted visit was beyond his control.

As in this case, Raul and Jean may qualify for the Returning Resident Visa as the pandemic restrictions and their ensuing health issues prevented them from coming back to the US before one year of their departure. They have to show that they intended to go back to the US and did not intend to abandon their status.

Keep in mind that Returning Resident Visa is filed at the US Consulate with separate fees. If approved, you have to file an immigrant visa application, submit civil documents, undergo a medical exam, and attend the interview.