If you are a US permanent resident or Green Card holder who has been absent from the United States for more than one year or over the validity period of a re-entry permit, you will be required to apply for a returning resident visa. A returning resident visa, also known as SB-1, will be issued to you if you are a lawful permanent resident who is forced to stay outside the United States by reasons of conditions beyond your control.
You will need to be interviewed for both your application for returning resident status, and usually later for the immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees.
Do I Qualify for a Returning Resident Visa?
To qualify for returning resident status, you will need to prove that you:
- Had the status of a lawful permanent resident at the time of departure from the United States
- Departed from the United States with the intention of returning and have not abandoned this intention
- Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible
How To Apply
You can file your application for a Returning Resident Immigrant Visa (SB-1) at any US Embassy or Consulate. If you remain outside the United States for over the validity period of your Green Card or a re-entry permit, generally a petition is required to be filed on your behalf with a proper USCIS center or Department of Homeland Security (DHS). However if you timely filed your application for a Returning Resident visa, such petition that the law requires to be filed on your behalf, will no longer be needed.
You do not need a Returning Resident Immigrant visa if you are the spouse or the child of a member of the US Armed Forces or of a US Government employee assigned abroad for some official functions. In this illustration, you may use your current Permanent Resident Card to return to the United States provided that you have not abandoned your lawful permanent resident status, and your spouse or parent is going back to the US.
Documents Needed
The following documents, forms, evidence, and information are needed in applying for a Returning Resident Immigrant visa (SB-1):
- properly and completely filled up Form DS-117
- your Permanent Resident Card, known also as Green Card
- your re-entry permit if any
- evidence that the reason for staying abroad is beyond your control
- information on the dates of your travel outside the US
- intent to return
- proof of ties to the United States
Granted that you meet all of the criteria for a Returning Resident visa, you must prove to the Consulate Officer that you are eligible for an immigrant visa in order to obtain a Returning Resident Immigrant visa.
Need Help Applying for a Returning Resident Visa?
If you are a lawful permanent resident who is needing a legal advice on an immigration matter, you may fill up the form on the right. We are more than willing to assist you.
All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace legal, an award-winning immigration firm that adheres to the highest standards of client service.
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President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
