returning immigrant (resident alien who did not travel back within one year of traveling outside the united states)

The immigration law states that every resident alien of the United States may stay outside that country for a period of up to 364 days, before one year of traveling outside the United States. If the alien stays outside more time, looses the resident status automatically, no matter the reason why the alien did not travel back to the United States within one year. In that case the alien has the option to apply for a “returning immigrant” status. To do so the alien must pay $400 (non-reimbursable), fill out form DS-117 and bring it with documents to prove the reason the alien had not to travel back to the United States. If the alien can prove that he/she could not travel back for reasons beyond his/her control, the returning immigrant application will be approved. The rest of the process to recover the resident status is exactly the same as the one to apply for an immigrant visa for the first time.

This process is not instantaneous and is subject of approval by the consular officer. On these cases we always recommend the applicant to try to travel back to the United States on time to avoid future problems or permanent loss of their resident status.

The Consulate’s immigrant visa section does not have authority to give any kind of permission to a legal permanent resident to stay outside the United Status for more than the year that the immigration law permits. These permissions may be approved by the U.S. immigration service in the United States befote the legal permanent resident travels outside the country.

To apply for returning immigrant status you will need the following documents:

1) Form DS-117. All the questions must be answered.

2) Alien card (current or expired) if you have it.

3) The passport that you used to enter to Ecuador the last time you traveled outside the United States. Bring the documents that prove that you stayed outside the United States for more than one year for rehaznos beyond your control. I.E. if you went under surgery, you need to present bills for all the medicines, doctor appointments, hospital, x-rays, laboratory tests, etc.

4) US$ 400,oo

When you have all the required documents please contact the Visa Information Service (VIS) at 1-800-010-145 in Ecuador or 1-800-919-5290 in the United States to schedule an appointment. For more information on the Visa Information Service, please click here. NO ONE WILL BE SERVED WITHOUT AN APPOINTMENT.

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