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SB-1 Returning Resident Visas

SB-1 Returning Resident Visas

 

Lawful Permanent Residents who have remained outside of the U.S. for more than one year without a re-entry permit, or those who have remained outside the U.S. beyond the validity of their re-entry permit are require to process a new immigrant visa before they will be permitted to return to the U.S. as a Lawful Permanent Resident. LPR’s who have remained outside the U.S. for extended periods of time should  apply at their nearest U.S. Embassy or Consulate to process the SB-1 Returning Resident Visa. Applicants under this category will be required to pay new visa processing fees and medical fees however there is no need for a new immigrant petition to be filed (I-130, I-140).

Please note that spouses and children of members of our U.S. Armed Forces or Civilian government employees stationed overseas do not require an SB-1 Returning Resident Visa if they are accompanied by the service member back to the U.S.

 

  • Not all LPR’s will qualify for an SB-1 Visa. Applicant must be able to demonstrate the following conditions when apply for the SB-1 Returning Resident Visa:
  • Were in a lawful permanent resident status at the time of departure from the United States;
  • Maintained ties to the U.S. after departure and had no intention of staying beyond standard time frames at time of their departure
  • Delayed return to the U.S. was caused by reasons beyond your control and for which you were not responsible.

 

Lawful Permanent Residents who are outside of the U.S. should contact their nearest U.S. Embassy or Consulate if they feel they require an SB-1 Visa. This visit should be made well in advance of any planned travel as the consulate will require sufficient time for reviewing documents, forms, and issuing the immigrant visa.  After the consulate conducts an initial review of your SB-1 package, an Interview with a consular officer will be scheduled.

 

If you are permanent resident and plan on traveling abroad for an extended period of time (over one year) and seeking to return to the United States, we recommend applying for a Re-Entry Permit (I-131, Application for Travel Document prior to your departure.