If a U.S. lawful permanent resident (LPR) stays outside the United States for over a year without a re-entry permit, then s/he is considered to have abandoned the status as LPR and needs a “Returning Resident (SB-1) visa” to return to the United States. LPRs need to primarily live and be domiciled in the United States. Trips abroad between 6 months and a year are subject to a rebuttable presumption that the permanent resident abandoned the status as a LPR.

Given the COVID-19 pandemic many LPRs have been stuck outside of the United States for over a year. The U.S. consulate in Mumbai, which processes the SB-1 applications has started opening appointments for the same. It is important to apply early with appropriate supporting documents and evidence to establish the fact that:

1. the LPR left the U.S. with definitive plans of returning to the U.S.
2. the extended stay outside the United States was for reasons beyond the LPR’s control and 
3. the LPR has continued to maintain ties back in the United States.

Irrespective of meeting all of the above three criteria, it is within the sole discretion of the U.S. Consulate to deny the SB1 returning resident visa for any LPR who has remained outside the U.S. for over a year.