How to Get a Returning Resident Visa

Lawful permanent residents living outside of the States are required to follow certain rules and regulations to maintain their LPR status. Failing to do so will affect how they reenter the country. If you’ve been affected by it, SB-1 Returning Resident Visa is the tool with which you can normally reenter the United States. In this article, we’ll explain everything you need to know about the SB-1 Visa.

What Is A Returning Resident Visa (SB-1)?

A Returning Resident Visa or an SB-1 visa is a type of visa used by conditional residents in the United States to reenter the country after they’ve been away from the country for a considerable amount of time. The amount of time they stay outside is usually more than what is allowed.

As per the green card abandonment rules, the green card will be considered abandoned if the holder stays outside of the US for more than a year. This is the case if you do not have a re-entry permit. If you do have a re-entry permit, then you can stay outside the US for up to 2 years.

If you’ve lived abroad for less than 12 months, then your Permanent Resident Card is enough to reenter. But if you’ve exceeded the limits, then you’ll be asked to get a returning resident visa. So basically you’re applying for a new visa since your previous visa was deemed abandoned.

You need to submit the SB-1 visa from the country you’re located in. If it is approved, the limitations are withdrawn and you’re allowed to fly back into the US.

This is great to gain your green card status back if you are outside for some reasons that were outside your control.

Who Qualifies For A Returning Resident Visa?

Returning resident visa is meant for US lawful residents who have stayed outside of the US for more than the permitted time frame. Before leaving the United States, you must get a re-entry permit by filing Form I-131. With a re-entry permit in hand, you can remain outside of the United States for a period of up to 2 years. Not only lawful residents, but this rule is also applicable to a certain category of conditional residents (CR).

Before applying for the returning resident visa at a US Consulate, you must meet three basic requirements. Those are:

1. You had held the status of a lawful permanent resident when you left the US.
2. You had shown the intention of returning to the United States and not abandoning your status.
3. You are not ineligible for a visa in any other aspect.
4. You can produce sufficient evidence to justify your absence beyond the permitted limit.

Some of the legit reasons which can be considered as beyond your control are:

• You were severely ill and couldn’t have traveled.
• You became pregnant which limited your traveling.
• Your passport and other documents were withheld because of a family dispute.
• You are not permitted to leave the country in which you are located.

Documents Required For A Returning Resident Visa

When applying for the SB-1 visa, you will be asked to produce relevant documents for consideration. These documents will also be used during your application and interview process. Therefore, keep them ready before you visit the US embassy. Here are the basic documents required:

• A completed Form DS-117
• Your permanent resident card
• Your re-entry permit, if you had received one

Supporting documents which will be asked for are:

• Travel documents like a boarding pass,
• Proof of ties to the United States like tax returns, property owned, family and social ties
• 2X2 inches recent photograph

As already mentioned, you will also be required to submit proof that your protracted stay outside of the United States was beyond your control. This has to be directly related to your situation. If you had medical complications, then you should produce relevant documents summarizing your medical history.

How To Apply For A Returning Resident Visa

Applying for the returning resident visa is easier and is simpler than applying for a new visa altogether. Therefore, this method is preferred and recommended. It is advised that you start the application process as much early as possible before your anticipated travel date. Here are the steps involved for applying for a returning resident visa or SB-1 visa:

Step 1: Complete form DS-117 and gather documents

The application process starts with gathering downloading the DS-117, Application to Determine Resident Status and gathering the documents mentioned above. You need to fill out the application form either by yourself or with the help of an attorney. This is a three-page form including instructions. You need to provide personal information, travel history, and immigration records.

Step 2: File your application

Next, you need to visit the local US Consulate and file the DS-117 in person. After verifying the documents, the officials will initiate an interview and ask you a set of questions. Answer them truthfully and in as much detail as possible.

Step 3: Submit DS-260 and attend the medical examination

If your application is approved, the Consulate will ask you to fill out another form, namely, DS-260, the Immigrant Visa Electronic Application. You’ll be completing this online. As with any immigration process, the doctors will check your health and vaccination requirements. Finally, the Consulate will issue your passport anew I-551 with which you can travel back to the US.

Where To Submit Your SB-1 Application

You’re required to submit the SB-1 application at the local US Embassy in your country of residence. You have to submit the forms in-person since there is no facility for online application for SB-1 visas. The address for the local US Embassy can be obtained from the official state government website which you can access here.

Returning Resident Visa Cost

The main cost which you need to incur is the application fee which is $205. If your application is approved, then you’ll have to incur the DS-260 processing fees and medical examination and vaccination fees. If you’ve used any translation services or sought legal help, then those are an additional cost. The fees of $205 can be paid either in cash or credit card or any other accepted method.

SB-1 Application Denial

If the reasons cited by you for your inability to return to the US within permitted limits are found insufficient, then your SB-1 application will be denied. They will however request additional documents or information before completely closing your case. Then it’s up to your ability to produce those documents. In case you cannot, your only option to return to the United States is to apply for a new US visa from the beginning.

Read More

• What is Visa Sponsorship?
• How to Write a Visa Invitation Letter
• Can I Sponsor an Immigrant that is a Non-Family Member?
• Affidavit of Support Samples
• What Are My Options for Change of Status Visa Stamping If I Am Already in America?
• OFC Appointment: What You Should Know About It?

Conclusion

When you travel outside of the United States as a green card holder, you should make all possible efforts to get back within the 1-year time frame. SB-1 isn’t complicated but is definitely stringent when it comes to the eligibility. Before proceeding with the application, we advise you to consult with an immigration attorney and formulate the best plan. An SB-1 returning visa is always better than starting the visa process all over again.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

See author's posts