Have you been living abroad and found that your U.S. residency status is in jeopardy due to an extended absence? The Returning Resident Visa (SB-1) is designed for lawful permanent residents (LPRs) who have had to remain outside the United States for more than one year and wish to return to the U.S. without losing their permanent residency status. If you’ve been living abroad for reasons such as employment, family matters, or unforeseen circumstances, the SB-1 Visa can help you return to the U.S. and resume your life as a permanent resident.

At Larhdel Law, we specialize in assisting individuals with the SB-1 Visa process. Whether you need help with the application, gathering necessary documents, or preparing for your visa interview, we’re here to make the process as smooth and straightforward as possible. Call us today at 310 943 6352 to discuss how we can assist you in returning to the United States.

What is the Returning Resident (SB-1) Visa?

The Returning Resident (SB-1) Visa is a special visa available to lawful permanent residents (Green Card holders) who have been outside the United States for more than one year but wish to return to resume their permanent resident status. It essentially acts as a way for permanent residents who have been unable to return to the U.S. within the required one-year period to retain their status and return to the U.S.

Typically, when a Green Card holder remains outside the U.S. for more than one year without obtaining a re-entry permit, they risk losing their lawful permanent resident status. The SB-1 Visa allows you to reapply for entry to the U.S. and resume your permanent resident status without starting the entire immigration process over again.

Who is Eligible for the SB-1 Visa?

To qualify for the SB-1 Visa, applicants must meet the following requirements:

• Lawful Permanent Resident Status: You must have been a lawful permanent resident (Green Card holder) before leaving the U.S.
• Prolonged Absence: You must have remained outside the U.S. for more than one year or beyond the expiration of your re-entry permit.
• Intent to Return: You must have intended to return to the U.S. within the original period of stay but were prevented from doing so due to unforeseen circumstances, such as family emergencies, medical issues, or employment-related matters.
• Evidence of Ties to the U.S.: You must provide evidence that you maintained ties to the U.S., such as ownership of property, a job in the U.S., or close family members residing in the U.S.

If you meet these qualifications and can demonstrate that your prolonged absence was beyond your control, you may be eligible to apply for the SB-1 Visa.

How to Apply for the SB-1 Visa

Applying for a Returning Resident Visa (SB-1) involves several important steps. Here is an overview of the process:

1. Schedule a Visa Appointment at a U.S. Embassy or Consulate:

   Schedule a visa appointment at the nearest U.S. embassy or consulate in the country where you currently reside. The consular officer will assess your eligibility for the SB-1 Visa and review the reasons for your extended stay abroad.

2. Complete the DS-117 Form:

   Fill out Form DS-117, the Application to Determine Returning Resident Status. Provide supporting documents, including:

   • A valid passport
   • Proof of U.S. permanent resident status (such as your Green Card)
   • Evidence of ties to the U.S. such as a job, property ownership, or family members residing in the U.S.
   • Medical records or other evidence explaining why you were unable to return within one year
3. Submit Supporting Documents and Fees:

   Submit Form DS-117 along with required documents and a visa application fee. Note that this fee is typically non-refundable, even if your visa is not approved.

4. Attend the Visa Interview:

   If your application is complete, you will be scheduled for a visa interview. Be prepared to explain your absence, your intentions to return, and your ties to the U.S.

5. Wait for the Decision:

   After the interview, the consular officer will decide on your application. If approved, you will be granted an SB-1 Visa to return to the U.S. as a lawful permanent resident.

How We Can Help You with the SB-1 Visa Process

• Assessing Eligibility: We evaluate your situation to determine whether you qualify for the SB-1 Visa and ensure you meet all necessary requirements.
• Preparing and Filing Documents: We assist with preparing Form DS-117 and gathering supporting evidence to strengthen your case.
• Interview Preparation: We provide guidance on how to prepare for the visa interview, ensuring you know what to expect and how to present your case effectively.
• Legal Representation: If any issues arise, we offer expert legal representation throughout the application process.

Real-Life Success Stories

• Case 1: Returning After Employment Abroad: Helped a client demonstrate their intent to return and strong ties to the U.S., resulting in approval for their SB-1 Visa.
• Case 2: Family Emergency Leading to Prolonged Stay: Assisted a client in presenting evidence of a family emergency and their ties to the U.S., leading to a successful SB-1 Visa approval.
• Case 3: Medical Issue Preventing Return: Helped a client provide medical records and evidence of their intent to return, resulting in their SB-1 Visa being granted.