Returning Resident Visas

International traveling for lawful permanent residents (LPRs) in the U.S. is usually straightforward, but extended absences can raise issues with re-entry and maintaining status. Here is a look at the U.S. Returning Resident Visa (SB-1) and how they can help.

Re-entry Permits

A re-entry permit is a document for LPRs traveling abroad, especially those planning long stays. A re-entry permit helps prevent two key issues:

1.
Invalid Permanent Resident Card: Your Permanent Resident Card (Form I-551) will considered invalid for re-entry if you have been outside the U.S. for a year or more. A re-entry permit extends this period, allowing you to remain abroad for up to two years.
2.
Abandoned Permanent Residence: If you live outside the U.S. for up to 12 months or longer, your residence may be considered abandoned, especially if you establish residence in another country. A re-entry permit signals your intention to return to the U.S. and maintain your LPR status.

Difference Between a Returning Resident Visa and a Re-entry Permit

Although both documents assist in maintaining U.S. resident status for LPRs traveling abroad, they serve different purposes:

Re-entry Permit:

A re-entry permit allows LPRs to extend their stay outside the U.S. for up to two years, surpassing the usual one-year limit tied to the green card's validity. If you are wondering how to apply for re-entry permit USA, the first step is to file Form I-131 (Application for Travel Document) with USCIS before departure. This way, residents can secure their ability to reenter the U.S., provided they return within the permit's validity.

U.S. Returning Resident Visa (SB-1):

An SB-1 visa becomes necessary if you are unable to return within the validity of either your green card (one year) or your re-entry permit (two years). The SB-1 visa allows you to retain or restore your U.S. resident status by proving that unforeseen circumstances prevented your timely return. Applying for a U.S. Returning Resident Visa involves demonstrating your intention to return and the reasons for your extended stay abroad.

SB-1 Visa Requirements for Eligibility

Applicants must meet certain criteria to qualify for a U.S. Returning Resident Visa. When applying, you must demonstrate the following to the consular officer:

•
Lawful Resident Status: You must have held a valid Green Card and been a legal permanent resident in the U.S. before your extended stay abroad.
•
Temporary Nature of the Trip: Your trip must have been intended as temporary, with plans to return to the U.S. Evidence can include round-trip tickets, a U.S. lease, or a letter from your employer showing your intent to return.
•
Unforeseen Circumstances: You must show that events beyond your control prevented your return such as a medical emergency, family crisis, unexpected work obligations, or travel restrictions due to political or global events.
•
Strong Ties to the U.S.: You must show that you maintained strong U.S. ties, such as owning property, having close family members in the U.S., holding bank accounts or investments, or having a job or business to return to.
•
Intent to Return: Provide evidence of plans to return to the U.S. as soon as possible, like cancelled appointments due to the extended stay, travel documents showing rescheduled flights, and letters from employers or family supporting your claim.

Applying for a Returning Resident Visa (SB-1 Visa)

The U.S. Returning Resident Visa application process involves several steps and documentation. Each Embassy or Consulate may have slightly different SB-1 visa requirements. You should review the country-specific instructions on the website of the U.S. Embassy or Consulate where you plan to apply.

Contact the nearest U.S. Embassy or Consulate a few months before your intended return. Starting the application process on time will give time for processing and an interview, which is part of the application process. Here is a breakdown of the steps:

Submit an Application: Contact the embassy or consulate to submit Form DS-117 (Application to Determine Returning Resident Status).
Attend an Interview: Schedule an interview, during which a consular officer will evaluate your eligibility based on the documentation you provide.
Get a Decision: If approved, the SB-1 visa will eliminate the need for a new immigrant visa petition through the U.S. Citizenship and Immigration Services (USCIS), expediting your return to the U.S.
Additional Processing: After the interview, the Embassy or Consulate may request further information to process the application.

Person reviewing visa documentation on computer

Required Documentation for SB-1 Visa Application

Gather the following documents to support your application for a Returning Resident Visa:

1.Form DS-117: Complete the Application to Determine Returning Resident Status.
2.Form I-551: Your Permanent Resident Card (Green Card).
3.Re-entry Permit (if applicable): If you previously obtained one.
4.Travel History: Evidence of travel dates, such as airline tickets or passport stamps.
5.Proof of U.S. Ties: Documents like tax returns, proof of employment, family connections, or other social ties in the United States.
6.Proof of Unforeseen Delay: Documents like medical records, or cancelled flight tickets.

Steps Before Your Interview

Once your SB-1 visa application is under review, the U.S. Embassy or Consulate will provide you with additional instructions for the remainder of the visa processing. Here's what to expect:

Medical Examination: You will receive guidance on completing a medical examination with a physician approved by the embassy or consulate. This exam includes required vaccinations and tests to ensure eligibility for re-entry.
Required Documents: Before your interview, gather and prepare the following required documents:
- • Form DS-260: Complete the Immigrant Visa and Alien Registration Application (Form DS-260)
- • Original Passport: Bring your valid passport which will be necessary for processing.
- • Two Photographs: Ensure your photos meet the U.S. visa photograph requirements.
- • Civil Documents: Be prepared with documents that verify your identity and residence history, as requested by the consulate or embassy.

Receiving a Decision

In cases where the consular officer determines that you do not meet the SB-1 visa requirements, your status as a U.S. resident may be considered abandoned. This decision may be because of the inability to prove strong U.S. ties or evidence of permanent residence abandonment. If you no longer qualify for an SB-1 visa, options may include:

1. Nonimmigrant Visa: Depending on your situation, you might be eligible for a nonimmigrant visa if you can demonstrate substantial ties abroad.
2. Re-application for Immigrant Visa: Alternatively, you may need to apply for a new immigrant visa under the same eligibility criteria as your initial application to the U.S.

Fees Associated with the SB-1 Visa Application

You may incur additional costs like:

1.Documentation Costs: You may incur expenses for photocopies and certified translations of required documents.
2.Travel Expenses: Consider the costs of traveling and accommodation to the U.S. Embassy or Consulate, especially if you live far away.
3.Legal Assistance: You'll if you choose to consult with an immigration attorney or accredited representative, factor in their fees for assistance with your application.

When applying for an SB-1 visa, be prepared to pay certain fees. The U.S. returning resident visa costs include:

1.
Form DS-117 Processing Fee: You will pay this when submitting your application to determine SB-1 eligibility. The current fee is $205, according to the U.S. Department of State.
2.
Form DS-260 Processing Fee: After the SB-1 status is approved, this is the processing fee for the immigrant visa application form.
3.
Medical Examination and Vaccination Fees: As with all immigrant visa applications, a medical exam is mandatory, and fees for this service vary by location.

Returning LPRs Based on Asylum or Refugee Status

If you are a lawful permanent resident who obtained your U.S. residency status due to asylum, there are special considerations for re-entry. As an asylee, leaving the U.S. requires prior authorization through a Refugee Travel Document. This document is different from a re-entry permit or SB-1 visa.

Here is what you must know to apply for a Refugee Travel Document:

1.
Form I-131: File Form I-131, the Application for Travel Document, to request a Refugee Travel Document through U.S. Citizenship and Immigration Services (USCIS). This document is typically valid for one year and is essential for re-entry.
2.
Timing of Application: File Form I-131 at least 60 days before leaving the U.S. to allow adequate processing time. If you fail to file before departure, a USCIS office overseas may be able to accept your application, but this is not guaranteed.

Each country has unique guidelines and processes for visa applications, including additional documentation or interview requirements. Always refer to the U.S. Embassy or Consulate website in your area for current instructions on how to apply for a re-entry permit USA or SB-1 visa.

The Returning Resident Visa ensures that your ties to the United States remain strong and intact. When unforeseen setbacks, health concerns, or global events delay your return, this visa allows you to resume your life in the country you call home.

Visit the U.S. Department of State - Bureau of Consular Affairs website for more information regarding SB-1 visas.