Overview:

Lawful Permanent Residents (Green Card Holders) who have remained outside of the United States for over one year, or, past the expiration date of their Re-entry Permit may be eligible for an SB-1 visa, also referred to as a “Returning Resident Visa.”

Background:

A US Permanent Resident is normally authorized to travel outside the United States and return without any special authorization. However, if the Permanent Resident stays outside for one year or more, then there is a risk that that their legal status as a Permanent Resident may be deemed “abandoned.” As a result, if a Permanent Resident is planning to travel outside of the USA for a long period of time, or for a period of time of one year or longer, then they are advised to apply for a Re-Entry permit prior to departing. Nevertheless, if a Permanent Resident remains outside of the US for one year or more, without having obtained a re-entry permit, an SB-1 visa may be applied for.

Procedures for applying for an SB-1 Returning Resident Visa.

SB-1 visas are normally applied for through the US Embassy. The primary documents involved are the DS-117 form and supporting evidence. The Returning Resident is required to provide evidence of 1. their ties to the United States, 2. their intention to return (tax returns, and evidence of economic, family, social ties to the United States, return tickets, etc.), and 3. that their long stay outside of the United States was caused by reasons beyond their control (such as urgent medical issues or other necessity.)

If the US Embassy officer determines that the visa applicant is not eligible for an SB-1 visa, they will need to need a new immigrant petition filed on their behalf with USCIS.