Guide to SB-1: Returning Resident Visa

If you’ve stayed outside of the United States for over a year on your green card or past the validity of your travel permit, USCIS considers your green card abandoned. If you want to return, it’s imperative to learn all about the SB-1, Returning Resident Visa, including who qualifies, how to apply, the DS-117 form, the application process, fees, and more.

What is the SB-1 Visa?

Sometimes things happen beyond your control, requiring you to stay in another country for an extended period. Due to U.S. government policy, staying abroad for over a year signifies you have abandoned your green card, even if that isn’t true in your opinion.

That is where the SB-1 Visa comes in. The SB-1 Visa, once approved, confirms that you have maintained your permanent resident status and allows you to return to the United States without needing to start the green card process all over again.

Let’s dive into the requirements:

SB-1 Visa Requirements

To qualify for an SB-1 Visa, you must meet the following:

• You are a permanent resident, also known as a lawful permanent resident (LPR), or a conditional resident (CR)
• You have remained outside the United States for longer than one year, or beyond the validity period of your re-entry Permit.
• Had the status of a lawful permanent resident at the time of departure from the United States
• You department from the United States with full intentions to return, and have not abandoned this intention; and
• You are coming back to the U.S. after a short trip abroad, and if you stayed away longer than expected, it was due to reasons outside your control.

How to demonstrate reasons “outside your control”

If you overstayed abroad to the point your green card is considered abandoned and you want to return, you must prove this it was due to reasons outside your control. You must be prepared to showcase evidence in your application and to the interviewing officer. This can include, but is not limited to:

• Medical emergencies – You or a close family member had a serious medical condition or emergency that prevented travel.

• Pregnancy and childbirth – You or your spouse were advised not to travel due to pregnancy complications.

• Travel restrictions – You were affected by unexpected events like war, civil unrest.

• Employment issues – Your overseas job required you to stay longer, and leaving earlier would have caused severe hardship.

• Delayed paperwork – You were waiting on official documents like exit permits, passports, or visas that were delayed by the foreign government.”

Preparing this evidence is key to the success of your SB-1 Visa application. Restarting the green card process is lengthy and expensive. Consult with an experienced immigration attorney to ensure the evidence is sufficient.

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How to Apply for An SB-1 Visa

The application process for the SB-1:

1. Gather supporting Documentation

• A completed Application to Determine Returning Resident Status, Form DS-117
• Your Permanent Resident Card and/or Form I-551
• Your Re-entry Permit, if available
• Dates of travel outside of the United States (airline tickets, passport stamps, etc.)
• Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
• Proof that your stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

VisaNation Example:

Sofia traveled to Colombia to visit her family. During her trip, a medical complication resulted in her needing to stay outside of the United States for over a year. To showcase this, she requests and receives a doctor’s note from the hospital along with her diagnosis. Before submitting her evidence, she pays a certified translator to translate all documents.

2. Attend a DS-117 Appointment and Interview

The DS-117 Application Form, Determine Returning Resident Status, is a fairly straightforward two-page form. However, it contains several questions that require careful wording, preparation, and evidence, such as:

• What continuing ties have you maintained with the United States? What efforts have you made to avoid abandoning your permanent resident status in the United States?
• Reasons for not returning to the United States until the time of this application.

Working with an immigration lawyer to ensure your DS-117 isn’t denied is key. Visanation’s experienced immigration lawyers can support you with form filling and preparing your evidence to ensure you can return.

Contact VisaNation

You must contact the embassy or consulate for instructions on setting up an SB-1 visa appointment to submit your DS-117 and attend an interview. Each U.S. Embassy or Consulate may have different procedures for the DS-117 appointment and interview.

Some require appointments, while others may require you to fill out a form or contact them first via email. Check the specific instructions on the consulate’s website.

3. Begin Consular Processing

After the DS-117 is approved, you are now classified as an SB-1 Returning Resident. However, you cannot return to the United States yet. You will now begin NVC consular processing, just as a green card holder applying from abroad must do.

The consulate or embassy will provide instructions regarding:

• Filling out form DS-260
• Attending a Medical examination with an approved panel physician
• Attending an SB-1 interview appointment with a consular officer at an embassy or consulate.

4. Return to the United States with your SB-1 Visa

After consular processing, you can now present your SB-1 visa at a port of entry. USCIS will mail your new green card to your U.S. address.

Returning Resident SB-1 Fees

• DS-117: $180
• The SB1 immigrant visa application fee: $205.
  • The latest fees can be found on the U.S. Department of State Fees for Visa Services under the section Immigrant Visa Application Processing Fees (non-refundable, per person)
• DS 260, Consular Processing – $325
• Medical fees vary
• USCIS immigrant fee – $220
• Total: $930 — Required fees only (excluding medical exam, vaccines, travel, legal assistance).

SB-1 Processing Time

According to the Department of State, the processing time for each case may vary upon the individual circumstances. In our experience, the timeline is approximately 3-6 months, and it depends heavily on the workload and efficiency of the individual consulate or embassy that you are applying to. Additional factors that affect the processing time include:

• Appointment availability
• The time it takes you to prepare documents and sufficient evidence
• Consular processing
  • Booking an interview
  • Booking a Medical appointment

SB-1 Visa Denied​ – What Next?

Given the complexities and potential risks involved, it’s highly recommended to consult with an immigration attorney if your SB-1 application is denied. An experienced immigration attorney can provide guidance tailored to your specific circumstances and help navigate the best course of action.

SB-1 Visa Success Rate

The Department of State does not release statistics on SB-1 approval or rejection rates. The latest stats show that 2,058 visas were approved in FY 2023. However, the success rate should be positive as long as all qualifications are met and sufficient evidence is uploaded.

VisaNation’s SB-1 Visa Experience

VisaNation’s experienced attorneys can provide expert legal support for preparing for a returning resident visa. With over ten years of experience, our lawyers ensure every step of the process is carefully executed.

SB-1 Frequently Asked Questions