Returning Immigrant Status
The immigration law states that every resident alien outside the United States for more than 365 days 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.
This process is subject of approval by the consular officer so we recommend the applicant to travel back to the United States on time to avoid permanent loss of their resident status.
The Consulate’s Immigrant Visa Unit 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 are only approved by the U.S. Immigration Service in the United States before the legal permanent resident travels outside the country.
To apply for Returning Immigrant status you 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.
4) Bring the documents that prove that you stayed outside the United States for more than one year for reasons beyond your control. I.E. if you went under surgery, you need to present bills for all the medicines, hospital, x-rays, laboratory tests, etc.
Fee: The fee is $400 (Four hundred US dollars). This fee must be paid at the American Consulate on your appointment date. You may pay with cash or with credit card VISA, Mastercard, Discover, Diners International, or American Express. We do not accept $100 bills, nor exceedingly worn or ripped currency.
Appointment: Once you have all the required documents you may 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, click here.