Returning Resident Status

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. Continue reading

“Follow to Join” Procedures for Immediate Family Members of Preference-Based Immigrant Visa Holders

Summary: Immediate family members (spouses and children under the age of 21) of immigrant visa holders may follow to join the principal beneficiary of an approved immigrant visa petition in a derivative visa status. The form I-824, Application for Action on an Approved Application or Petition, should be used to notify the U.S. consulate in the beneficiary’s country of citizenship that his or her visa petition has been approved and that his or her family members are applying for derivative visas in order to follow to join. Continue reading