SB-1 Visa (Returning Resident Visa)

The SB1 Visa is suitable for those who have previously held a U.S. Green Card. After spending more than two years outside the country, you lose your permanent resident status. However, if this was due to reasons beyond your control or knowledge, you can apply for an SB-1 Visa.

The immigration law admits as valid reasons that prevented you from returning to the U.S. the following:

• A sudden illness;
• You were not able to get permission to leave the country where you were staying before;
• A pregnancy where the doctor did not advise traveling.

Going back to the U.S. after two years of absence does not automatically make you qualify for an SB-1 Visa.

To get your status as a Returning Resident, you must fulfill additional conditions, such as:

• You held a Green Card before your departure from the U.S.;
• You can prove your intention to re-enter the U.S. permanently;
• The reasons why you did not go back before were beyond your control;
• If you held an immigrant visa before your departure, you still meet the requirements to maintain your previous status.

Since you have held an immigrant visa or LPR status before, you do not have to petition for your entry in the U.S. for a second time. To get your SB1 Visa, you can directly go through the U.S. Embassy of the country where you are currently residing while waiting to go back.

It is usually recommended to submit your request for an SB-1 Visa at least three months before the date you intend to travel to the U.S.

The first step is to file a Form DS-117, that is the Application to Determine Returning Resident Status. Do not forget to attach the Form I-551 and Form DS-260 that you first used to get your Green Card status or Permanent Resident Card.

Based on your circumstances, the USCIS may ask you to conduct a medical examination with a licensed doctor. You are not usually required to attend an interview. However, you may still need to present further documents about your situation.

To support your application, you should submit the following evidence of your previous Green Card status:

• Evidence of your last trip outside the U.S. (such as airline tickets or stamps on your passport);
• Proof of your permanent status in the U.S. and your willingness to go back permanently. This includes tax returns, payslips, correspondence with your family still living in the country;
• Valid evidence of the reasons why you were not able to re-enter the country before.

As a part of your application bundle, you must also include the following:

• A completed Application to Determine Returning Resident Status, Form DS-117
• Your Permanent Resident Card, Form I-551
• Your Re-entry Permit, if available