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To apply for a returning resident status (Application for Determining Returning Resident Status, Form DS-117), each applicant must pay the application fee , complete the Form DS-117 (PDF 56 KB), and appear at the Consulate for an interview.
Form DS-117 : Completed application to determine Returning Resident Status. Proof of ties to the U.S. and intent to return: U.S. tax returns and evidence of economic, family, and social ties to the United States.
One of the most important U.S. citizenship requirements is that you must have physically lived in the United States for at least half of five years (or at least three years if youre married to a U.S. citizen).
You must apply for consent to reapply for admission from outside the United States after waiting 10 years from your last departure from the United States. If we deny your application for consent to reapply for admission, then you remain inadmissible under this ground.
While the 10-Year Rule offers a pathway to obtaining legal permanent residency, it also has certain limitations and risks: Judges Discretion: The final decision to grant cancellation of removal lies with the immigration judge, who will assess your case and decide if you meet the criteria.
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The 10-year law can be used as a defense to stop deportation and possibly grant a person permanent resident status if they met certain qualifications. These include being a good moral character, show extreme hardship and have been in the United States for at least 10 years.

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