The US Citizenship and Immigration PortalThe U.S. Consulate General in Chennai, India has announced that it will no longer process Immigrant Visa petitions. As of January 1, 2012, the U.S. Embassy in New Delhi and the U.S. Consulate in Mumbai will be the only centers in the country that will accept and process Immigrant Visas. For more information, please visit [...]
According to the Department of State’s Foreign Affairs Manual a lawful permanent resident that has remained outside the U.S. for more than one year may be eligible for returning resident status. To qualify for such status, the LPR must demonstrate to the consular officer that: (1) at the time of departure, the LPR intended to return to an unrelinquished residence in the States; and (2) his or her reasons for remaining abroad were beyond his or her control. See 9 FAM 42.22 N1.1.
USCIS’ policy of tolling unlawful presence while an application is pending protects applicants from being forced to abandon pending applications upon the expiration of their status. Due to equitable tolling, applicants may remain in the U.S. legally for the duration of the application process, even after their previously approved status has expired.
