SB1 Visa: The Returning Resident Visa, Requirements, How To Apply

Depending on your visa, a Green Card makes you a Lawful Permanent Resident (LPR) or Conditional Resident (CR) in the US. For this status, you must live in the US for a while before applying for citizenship.

Staying in the US doesn’t prevent international travel. If you leave the country for a short time, you must return within a year for your Green Card to be valid. You can also return within two years with a valid Re-entry Permit. Unless you enter the US within specified timeframes, you will lose your LPR or CR status with a Green Card and need a new immigrant visa.

This could happen and the person cannot return to the US for reasons beyond their control, the US has created the SB-1 Returning Resident Visa for those who desire to recover immigrant status. This article discusses the SB-1 visa, its requirements, how to apply, and more.

What is the SB-1 visa?

SB-1 visas are granted to those who have previously held US immigrant visa or Green Card. They visited another country temporarily but could not return to the US within one or two years owing to circumstances beyond their control or understanding. They lost their immigration status.

Green Cards are good for one year, thus you must return to the US during that time. If you plan to stay abroad for more than a year, you must apply for a USCIS Re-entry Permit. The two-year Re-entry Permit must be returned within that time. If you leave, you must apply for the SB-1 visa.

Reasons beyond a person’s control that prevent them from returning to the US include:

• A sudden illness or disease which does not permit travel
• A pregnancy where the doctor does not advise traveling
• A family dispute during which your travel documents are withheld from you
• You need permission to leave the country and you are not able to get it, etc.

The SB-1 visa is beneficial because instead of applying for the immigrant visa status from the beginning, the applicant only applies for it as a regular visa. This means that the procedures of petitioning to USCIS or the Department of State or Homeland Security are eliminated and the waiting and processing times are shorter.

All those who have been outside the US for more than two years must apply for an SB-1 visa if they want to continue living in the US. There are however a few who do not need the SB-1 visa. These are:

• Spouse and children of a member of the US Armed Forces
• Civilian employees of the US government stationed abroad

These two groups can re-enter the US even if their status has expired and do not need to get an SB-1 visa to renew their immigration status.

After one or two years away from the US, the port of entry may not let you back in without renewing your visa and receiving an SB-1 visa. Because those who stay outside the US for so long are judged to have abandoned their status. You are willingly giving up your immigration status and do not want to return to the US. You can still acquire US non-immigrant visas, but you won’t get legal immigrant privileges.

You need an SB-1 visa to enter the US. If port of entry authorities let you into the US with an expired immigration visa, you may be ordered to leave months later for abandoning it. Start the SB-1 visa process quickly when you know you’ll return to the US to avoid this.

What are the requirements for the SB-1 visa?

Not all those who leave the US for one or two years are eligible to get the SB-1 visa. In order to be allowed to apply and get this visa, these are the conditions that you must fulfill. You must prove that:

• You were a lawful permanent resident with a legal status in the US before you departed for your trip
• You had intentions to return to the US after your temporary stay and still have the intention to stay in the US.
• Your stay abroad was temporary and you could not return due to reasons beyond your control
• You are eligible to maintain an immigrant visa that you had before your temporary stay abroad

If you fulfill all these conditions and can prove them, then you are eligible for the SB-1 visa and can start your application process.

How to apply for the SB-1 visa?

SB-1 visa applications are simpler than immigrant visa applications. Since you have an immigrant visa, you will simply need to go through the US Embassy where you are stationed and not have an employee or family member petition.

Notify the US Embassy three months before your trip that you require an SB-1 visa to process your visa. However, you must apply immediately if you cannot. The SB-1 visa application process is as follows:

• File Form DS-117, Application to Determine Returning Resident Status
• Submit Form I-551, Permanent Resident Card or Green Card which you had before you traveled outside the US.
• Submit your Re-entry Permit if you have one
• Submit supporting documents such as:
• Dates of planned travel outside the US such as your airline ticket or passport stamp
• Proof of intention to return such as employment offer, tax returns, pay slips, etc.
• Proof that you stayed outside the US for reasons beyond your control such as medical documents, etc.

After the US Embassy reviews your documents, it is up to them to decide whether you qualify to apply for the SB-1 visa. If you are eligible, you will then proceed with the following steps:

• Submit Form DS-260, Immigrant Visa and Alien Registration Application which you have filed before during your initial immigrant visa application.
• Conduct a medical examination with a licensed doctor
• Submit supporting documents:
• Your Form DS-260 confirmation page
• The signed medical documents
• Your passport with at least six months of validation
• Two photographs which are according to the US Visa Photo Requirements
• Other documents as per the instructions of the US Embassy where you are applying

What are the SB-1 visa fees?

In order to have your application for the SB-1 visa processed by the US Embassy you have to make payments for the fees. The required fees are as follows:

• The Form DS-117 filing fee
• The Form DS-260 processing fee
• Medical examination fees
• Other fees to obtain and/or translate supporting documents

The fees must be paid in order for your application to be valid. If you just submit the application without paying, it will not be taken into consideration by the US Embassy.

How long is the SB-1 visa processing time?

The processing period for an SB-1 visa is determined by the workload of the US Embassy where you apply. In typically, it takes 3 to 6 months for your application to be processed and for them to notify you whether or not you have been granted the SB-1 visa.

Do I Get Access to American Healthcare With an SB-1 Visa?

Yes, as an SB-1 visa holder, you will have access to healthcare in the United States; but, the prices of medical treatment in the United States are among the highest in the world.

A broken leg or arm will cost you $2,500 in treatment, but a stay in a US hospital will cost you more than $10,000 on average. You should select the best health insurance plan for you, one that is also reasonable and meets your demands.

What if my SB-1 visa is denied?

Documents and evidence submitted to the US Embassy determine SB-1 visa eligibility. If you do not qualify for the visa, they will advise you to submit additional documents or that you cannot acquire a returning resident visa.

You cannot enter the US again without a valid visa. You can then apply for a US non-immigrant visa for a temporary visit or stay in the US or start the petitioning procedure and submit the papers.

You must prove that you want to return to your native country after your non-immigrant visa expires or acquire a dual intent visa to apply for permanent residence.