As a Lawful Permanent Resident (aka Green Card holder), or Conditional Resident (CR) you are required to make the United States your home which means you must reside in the United States to maintain your LPR status. Generally, an LPR is not allowed to reside outside the United States for up to one year or more. If an LPR must remain outside the United States for up to one year, he or she must apply for a re-entry permit before leaving the United States. However, a lot of LPRs and Conditional Residents (CR) travel out of the United States for a number of reasons, and sometimes they are unable to return within one year. If an LPR stay outside the United States beyond the allowed period, they may be denied entry upon return to the United States. Thus, such resident will need to secure a new immigrant visa (SB-1) to enter the United States and resume permanent residence.

The United States immigration law makes provision for this category of persons. It provides for the issuance of a returning resident visa known as the SB-1 visa to an LPR who has remained outside the United States due to circumstances beyond his/her control.

The Returning Resident (SB-1) visa does not apply to the Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the United States Government who is stationed abroad on official orders. These categories of persons may use their permanent resident cards; Form 1-5551 to reenter the United States even if it has expired provided they have not abandoned their LPR Status.

Who Qualifies for SB-1 Returning Resident Status?

To qualify for a returning resident status, the United States Immigration law provides what you will need to prove to the consular officer. They are:

• That you had the status of a lawful permanent resident when you left the United States.
• That you intended to return to the United States when you left, and you did not abandon that intention.
• That you went abroad for a temporary visit and your stay was prolonged due to reasons beyond your control and for which you were not responsible.

How to Apply for a Returning Resident Visa

If you wish to apply for a Returning Resident (SB-1) immigrant visa, you should contact our office for assistance. Each United States Embassy or Consulate may have slightly different procedure such as timeframe, method of submission of documents, etc. It is important to understand the procedure of the embassy or consulate where you will be submitting your application.

Required Documentation:

Applicants for a Returning Resident (SB-1) visa will need to have the following documents before they apply to the U.S. Embassy or Consulate:

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

In addition, you should also have supporting documents that show the following:

• Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
• Proof of your ties to the United States and your intention to return (Examples: tax returns, deeds and proof of family connections in the United States)
• Proof to show that the reason for your protracted stay outside of the United States was due to circumstances beyond your control. (Examples: medical report, employment with a U.S. company, etc.)

Like most U.S. immigration application, SB-1 immigrant visa process is complicated and tedious. Our experienced immigration attorneys and paralegals have helped hundreds of families with immigrant and nonimmigrant visa applications. Contact us at (936) 514-2000 or Email: [email protected].