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What Is the SB1 Visa?
Your adjustment of status application was successful, and you are now a lawful permanent resident (LPR) or conditional resident (CR). You traveled abroad for Christmas to visit your extended family and friends, and it was supposed to be a short stay or vacation. However, circumstances beyond your control prevented you from returning to the United States for over a year.
You don’t have to panic because immigration attorneys at Andrew T. Thomas, Attorneys at Law, can help you apply for an SB-1 visa (returning resident special immigrant visa) at the nearest US Embassy or consulate. With the SB-1 visa, you can re-enter the US legally so that you can resume living and working as a lawful permanent resident.
SB-1 Returning Resident Visa
Under US immigration law, an individual will be eligible for an SB-1 visa if they can prove to the consular officer that:
- They had lawful permanent resident status when departing the US.
- They departed with the intention of returning to the US to resume permanent residence.
- They are returning to the US after a temporary visit abroad extended by reasons beyond their control for which they are not responsible.
- That they are eligible for the immigrant visa.
Lawful permanent residents may become ineligible for an SB-1 visa if they have committed a crime abroad.
Can You Re-enter the US Without SB-1 Visa?
No SB-1 visa is required for spouses or children of US Armed Forces members or civilian government employees on official orders upon re-entry, even if they exceed the 12-month limitation period. Form I-551, a Permanent Resident Card, can be used to enter the US even if it has expired. You would not require a Returning Resident (SB-1) visa, provided that:
- You have not abandoned your LPR status
- Your spouse or parent is returning to the United States.
Traveling outside the US will require different rules for asylum seekers or asylees, so speaking with a lawyer before you travel is essential.
Documents Required When Applying for SB-1 Visa
Individuals applying for returning resident visas will need to submit the following documentation:
- A completed Form DS-117 (Application to Determine Returning Resident Status)
- A Form I-1551 (Permanent Resident Card)
- A Re-entry Permit (if available)
- Proof of ties to the US and the intention to return, including tax returns, proof of relatives living in the US, and maintaining US licenses and memberships
- Proof of protracted stay outside the US for reasons beyond their control
- Travel dates outside the United States, such as airline tickets or passport stamps
Examples of Valid Reasons for Protracted Stay Abroad
The following reasons are acceptable for a prolonged stay abroad:
- A severe physical or mental illness
- Occurrence of a natural disaster in the foreign country
- Pregnancy (if after medical examination, you were advised not to travel)
- If the country’s immigration authorities withhold your passport
- Inability to leave a foreign country as a result of a federal order
What Happens If Your SB-1 Visa Application is Approved?
If your SB-1 visa application is approved, immigration services will process your application alongside other immigrant visa applications. The visa unit will schedule your visa interview and provide a list of documents you must present. In addition, you will receive notice for two interviews, including the returning resident visa application and the immigrant visa.
The time for processing your SB-1 visa depends on the number of immigrant visa applications in the embassy and the country where you made your application. However, processing times generally take up to six months.
Individuals must apply for an immigrant visa within six months after their returning resident status is approved.
Documents To Bring To Your SB-1 Visa Interview
Some of the documents you have to present at the interview include the following:
- All Civil documents requested by the embassy or consulate
- Form DS-260 (Immigrant Visa and Alien Registration Application)
- Original passport
- Two photographs (should meet the embassy’s photograph guidelines)
What Happens If the USCIS Denies Your SB-1 Visa?
The consular officer, after your interview, may decide that your application fails to meet the criteria for a returning resident visa because you relinquished your permanent residence in the US. You will receive a notice requesting additional documents to support your claim.
If you fail to submit proof of compelling ties abroad, the US Citizenship and Immigration Services (USCIS) will deny your application. In addition, you will have to file a new immigrant visa petition (if still eligible) on the same basis with which you entered the US initially.
For instance, if you originally entered the United States by filing a family-based petition, you will have to file a new immigrant visa on that basis.
You may also choose to apply for a nonimmigrant visa which will allow you a temporary stay in the country. However, applying for a nonimmigrant visa means leaving the US once your temporary stay expires.
Consult with an attorney who can guide you about how you can maintain your permanent residence status in the United States.
Can an SB-1 Returning Resident Visa Be Renewed or Extended?
An SB-1 Returning Resident Visa cannot be renewed or extended, as it is a specific type of visa issued to lawful permanent residents or conditional residents who have stayed outside the United States for a year or more, or beyond the validity period of a re-entry permit. The SB-1 visa allows these individuals to return to the U.S. and maintain their permanent resident status.
For an individual who has obtained an SB-1 visa and returned to the U.S., the best way to maintain their permanent resident status for future travels is to not stay outside the U.S. for a year or more without obtaining a re-entry permit. If they do stay out of the U.S. for longer periods, they will likely need to apply for another SB-1 visa to return.
The process of applying for an SB-1 visa includes providing supporting documents to demonstrate the reasons for the extended stay outside the U.S. and paying the associated visa and medical fees. This application is made at a U.S. embassy or consulate abroad.
Why Should You Contact Us?
You cannot recover the filing fees if the USCIS denies your SB-1 visa application. In addition, the visa process will take longer, and you may lose valuable time with your loved ones in the US.
It is, therefore, necessary to hire a reputable immigration lawyer at Andrew T. Thomas, Attorneys at Law, to assist you with your application.
Consular officer decisions are not subject to judicial appeal, so submitting your application correctly the first time is essential. In order to maximize your chances of getting approved for a returning resident visa and re-establishing your green card, we can help you put together compelling evidence.
Also, if you plan on traveling abroad, we can help you obtain a re-entry permit, allowing you to remain overseas for up to two years.
Call us today to schedule a free consultation. We look forward to hearing from you!