SB1 Visa - Returning Resident Visa
If you are a Lawful Permanent Resident (LPR) or Conditional Resident (CR) and wish to spend some time outside America, you may need to apply for the SB1 visa, the Returning Resident visa.
Call us on +1 844 312 4979 for immediate assistance with your situation. We’re here to help you in person, via the phone or online.
What is a Returning Resident visa?
When you obtain a Green Card in the U.S, you have the status of a Lawful Permanent Resident (LPR) or a Conditional Resident (CR) depending on the type of visa.
Many U.S. Lawful Permanent Residents (LPR) and Conditional Residents (CR) leave the U.S. for various reasons, including for work or business, visiting relatives abroad, or for long vacations.
As a U.S. LPR or CR, you are permitted to travel abroad but you are expected to return to the U.S. within one year. If you stay away longer, you will lose your permanent resident status as it will be deemed that you have abandoned your immigrant status and do not want to return to the U.S. In this case, you can still apply for a non-immigrant visa but you will not be able to enjoy U.S. legal immigrant benefits.
However, even if you have overstayed abroad, you can still re-enter the U.S.
If you know in advance that you are going to be out of the U.S. for more than one year then you need to apply for a Re-entry Permit which allows you to stay outside America for up to two years. If you are unable to go back within this time, you must apply for an SB1 visa, a Returning Resident visa.
An SB1 visa is needed if you’ve spent more than one year outside America, you don’t have a Re-entry Permit, or your Re-entry Permit has expired. An SB1 visa is an immigrant visa and allows you to enter the United States and resume permanent residence.
To obtain an SB1 visa, you need to apply from the country where you are located. Applicants for the SB1 visa may be required to have a medical examination and take vaccinations, and will need to pay visa application fees and medical fees.
Get in touch today with Total Law’s immigration lawyers for assistance with your Returning Resident visa application. You can call us on +1 844 290 6312 or fill out the quick contact form.
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SB1 Visa Requirements
The SB1 visa requires certain conditions to be met in order to obtain the Returning Resident status, including:
- You were a Green Card holder before you left the U.S.
- You can show you had intentions to return to the U.S after your temporary stay abroad
- You can prove your intention to re-enter the U.S. permanently
- You can prove that could not return earlier due to reasons beyond your control
- You are eligible to maintain an immigrant visa that you had before your stay abroad
If you are able to fulfil and prove the above conditions then you will be eligible for an SB1 visa.
How to Apply for an SB1 Visa
Applying for the SB1 Visa is a less complicated process than applying for an immigrant visa. This is because you have already held an immigrant visa or LPR status before and, therefore, do not need to go through the petition stage, which shortens the process.
To obtain your SB1 visa, you’ll need to go directly through the U.S. Embassy of your current country.
It is advisable to apply for an SB1 visa at least three months (ideally six months) before you travel back to the U.S.
To apply for an SB1 visa, Form DS-117 (Application to Determine Returning Resident Status) must be filed. You must also submit Form I-551 and Form DS-260, which you first completed obtaining your Green Card status or Permanent Resident Card.
Depending on your circumstances, the USCIS may ask you to undertake a medical examination with a licensed doctor. You may need to take vaccinations also.
Usually, you will not need to attend an interview, but it depends on the Embassy.
SB1 visa fees
When you apply for an SB1 visa at your local U.S Embassy, you will need to pay some fees, as follows:
- Form DS-117 filing fee
- Form DS-260 processing fee
- Medical examination fees
- Vaccination fees if relevant
- Any fees for translating supporting documents
The fees must be paid in order for your SB1 application to be considered to be valid.
SB1 documents checklist
When applying for an SB1 visa, you’ll need to submit supporting documentation and evidence of your previous Green Card status:
- Evidence of your last trip outside the U.S. such as stamps in your passport or an airline ticket
- Proof of your permanent resident status in the U.S. and of your intention to reside in the U.S. permanently, such as payslips, tax returns, correspondence with your family still living in the country
- Evidence of the reasons for not re-entering the U.S. earlier
- Completed Form DS-117, Application to Determine Returning Resident Status
- Permanent Resident Card (Form I-551)
- Re-entry Permit, if available
SB1 Visa Processing Time
The time it takes for an SB1 Visa application to be processed depends on the workload of the U.S Embassy where you submit your application.
As a general estimate, it can take at least three to six months to receive notification of the result of your application.
How Total Law can help
At Total Law we have a highly experienced team of immigration attorneys that has helped many U.S. citizens to go back home.
We offer a tailor-made service which provides the following:
- Expert review of your situation
- Assessment of your eligibility for a Returning Resident visa
- Assistance with the selection of the best available documentation to support your case
- Liaison with the USCIS on your behalf
We can also help with any other U.S visa such as family visa, immigrant visas, non-immigrant visas, and U.S. citizenship applications.
Use our online inquiry form or call us today on +1 844 312 4979 to discuss how we can help with your situation.
Advice Package
Get clear, expert advice on your visa options, eligibility and application before you commit to applying.
Application Package
Let our immigration lawyers prepare, check and manage your application so you can apply with confidence.
Fast Track Package
Need to apply quickly? Get priority handling by our immigration lawyers from preparation to submission.
Appeal Package
Been refused or received an unfavourable decision? Get expert legal help to challenge it or determine your next step.
The Advice Package
During this Advice Session, an immigration lawyer will assess your circumstances, explain your options and tell you what you need to do to make a strong application.
We review your circumstances, explain the relevant requirements, identify potential problems or refusal risks, and advise you on the evidence and next steps.
The Application Package
With our Application Package, your dedicated immigration lawyer will assess your case, prepare your application, check your supporting documents and submit your forms on your behalf.
We check your application for missing information, inconsistencies and potential issues before submission, helping you avoid common mistakes that could affect your case.
The Fast Track Package
Our Fast-Track Application Package gives your case priority with our immigration lawyers, helping you get your application prepared, checked and submitted as quickly as possible.
Your case receives priority handling, including accelerated document reviews, application preparation, communication with your caseworker and submission support.
The Appeal Package
Our immigration lawyers will review the decision, explain why it was refused and advise on the strongest option available to you, including an appeal, review or fresh application where appropriate.
We will examine the reasons for refusal, identify weaknesses or errors, assess your available options and provide the legal support and representation your case requires.
Related pages for your continued reading.
Frequently Asked Questions
Trying to re-enter the U.S. without an SB1 visa when your situation requires one, is very risky.
At Customs there are two options that the officials will consider for you. The first is to use their discretion to admit you into the country.
The second option is that you are deemed to have abandoned your permanent resident status. In this case, you are likely to be given the choice to return home immediately or be placed in removal proceedings. In the latter case, a judge will have the final decision.
Therefore, we do not advise trying to re-enter the U.S. without an SB1 visa.
For assistance with obtaining a Returning Resident visa, call Total Law on +1 844 290 6312 or complete our contact form to speak with us.
Some of the reasons for ‘over-staying’ outside the U.S. that may be considered legitimate include:
- Severe illness whilst abroad preventing you from travelling
- Pregnancy preventing you from travelling
- Overstay was required for your employment
- The country where you are located would not allow you to leave
