Legal Permanent Residents (Green Card Holders)
Applying for a Returning Resident Visa
When a legal permanent resident of the United States remains abroad for more than one (1) year without permission from the U.S. Citizenship and Immigration Services (USCIS), the person is generally considered to have abandoned U.S. residency and could lose Legal Permanent Resident (LPR) status.
In order to re-enter the United States, the individual may apply for a “special immigrant” visa, also known as “Returning Resident Visa SB1”. To be eligible for an SB1 visa, the individual must demonstrate to a consular officer that he/she departed the U.S. with the intention of returning after a stay of less than one (1) year abroad, and his/her failure to return to the U.S. as planned was due to reasons beyond the individual’s control.
Beginning January 1, 2012, Returning Resident Applicants (SB-1 applicants) must request for an interview appointment via online form.
SB1 applicants must submit the following documents at the interview time:
- Non-refundable filing fee of US$275 paid at the U.S. Consulate. This is not the visa application fee. Payment of the filing fee does not guarantee that the application will be approved.
- Form DS-117
- Proof of legal permanent residence (Form I-151, I-551, Reentry Permit/Travel Document, etc.).
- Dates of travel outside of the U.S. (airline tickets, passport stamps, etc.)
- Proof that the protracted stay was due to reasons beyond the applicant’s control (medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.).
A consular officer will review the submitted documents and evaluate whether an applicant is eligible for an SB1 visa. If approved, the applicant must still meet all other documentary and legal requirements to qualify for a new immigrant visa. If not, a new visa petition must be filed on behalf of the applicant.
Loss of Alien Registration Card (Green Card)
Legal Permanent Residents (LPR) who lose their Alien Registration Card (Green Card) while temporarily residing in Vietnam, should contact the Immigration & Customs Enforcement (ICE) office here in Ho Chi Minh City immediately.
A transportation letter may be issued to an LPR to replace a lost or stolen Alien Registration Card (green card), if that LPR has stayed outside of the US for less than one year, by appearing in person at the office of Immigration & Customs Enforcement (ICE) at the address below. Their service hours are from 9:00 – 11:00 a.m. on Monday and Thursday.
Immigration & Customs Enforcement (ICE)
8th Floor, Diamond Plaza
34 Le Duan Street, District 1
Ho Chi Minh City, Vietnam
Tel: (84-8) 3520-4640
Fax: (84-8) 3520-4643
Return Alien Registration Card (Green Card)
The abandonment of lawful permanent resident status is irrevocable. An individual who relinquishes lawful permanent resident status must qualify again for such status. Therefore, one should give careful thought to abandoning lawful permanent resident status.
If a Legal Permanent Resident (LPR) no longer wishes to have LPR status and wants to return his/her Green Card to the U.S. government when he/she is in Vietnam, he/she should complete Form I-407 (PDF - 624kb). If the LPR is applying for a Non-Immigrant Visa (NIV) pursuant to a planned temporary stay in the U.S., he/she should present the completed form I-407 along with the I-551 (Permanent Resident Card) to the consular officer at the time of the visa interview. However, if the LPR is not applying for re-entry into the U.S., he/she should submit the form I-407, along with the I-551, to the American Citizen Services section during normal business hours.
Pickup Re-entry Permit
LPRs planning to travel outside of the United States for 1 year or more need to apply for a Re-entry Permit (Form I-131) before departing the United States. LPRs who stay outside of the United States for 1 year or more and did not apply for a Re-entry Permit before leaving, may be considered to have abandoned their permanent resident status.
Form I-131 must be filed while you are in the United States. However, you do not have to be in the United States for USCIS to approve your Form I-131 and issue a Re-entry Permit to you if your biometrics have already been obtained in the United States. You can indicate on your Form I-131 that you want USCIS to send your Re-entry Permit to the U.S. Consulate Ho Chi Minh City for pick up. For further information please see How Do I Get a Re-entry Permit.
The U.S. Consulate will contact those LPRs who requested that their Re-entry Permit be forwarded to the U.S. Consulate Ho Chi Minh City for pickup based on the contact information listed on your I-131. If no contact information was provided on the I-131 application, we will return the documents to the Service Center, as undeliverable.
Once we notify you that your reentry permit is at the U.S. Consulate, you may come in person to the American Services Section on Wednesdays between 9:00-10:00 to pick it up. Please bring your letter of notification from the U.S. Consulate, your Alien Registration Card/Green Card as proof of identity.
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