As a green card holder, before you depart the United States, you must make sure that your trip will not affect your permanent resident status.
- If you've been abroad for less than a year, you'll only have to show your green card at a port of entry to be let back into the United States.
- If you've been abroad for over one year, you'll need a re-entry permit so you don't abandon your residency.
- If you end up staying abroad for more than two years due to circumstances beyond your control, you can apply for the SB-1 visa.
What Is the SB-1 Visa?
Qualification
Process
Part 1: Application to Determine Returning Resident Status
Part 2: Visa and Interview
Cost
What Happens if Your SB-1 Visa Application Is Not Approved?
Summary
SB-1 Returning Resident
Process
You need to book an appointment to apply at least three months before your intended travel.
The process will include filing two forms (and evidence) and attending a consular interview.
What Is the SB-1 Visa?
A Returning Resident visa allows those who have surpassed a green card’s limits on extended travel to return to the United States and maintain their green card status.
Both permanent residents and conditional residents may apply for an SB-1 visa if they have overstayed their visits abroad but can prove that returning to the United States was not possible for them at that time.
Qualification
You qualify to apply for a Returning Resident visa if you meet the following eligibility guidelines:
- Before you left the United States, you held permanent residence status.
- When you left the United States, you intended to maintain your permanent residence status and return to the United States.
- You have spent over one year abroad because of factors beyond your control or responsibility.
- You are still eligible for a U.S. immigrant visa, done nothing to disqualify yourself like develop a criminal record while abroad.
Part 1
First, you will need to file the “Application to Determine Returning Resident Status.” The SB-1 is classified as a Special Visa Service.
- You will need to submit evidence proving your eligibility.
- You will also need to provide documents proving that your overstay resulted from circumstances beyond your control.
After submitting the Application, a consular officer will review your form and supporting documents to decide if you qualify for SB-1 status.
Please Note: Even if you qualify for SB-1 status, you must also be eligible for U.S. immigrant visas to receive an SB-1 visa. If you have become ineligible during your time in the United States or abroad, you will not obtain a visa.
Part 2
Apply, Book and Attend Consular Interview
Your local U.S. embassy or consulate will notify you of specific instructions for the next step of the Returning Resident visa application process.
- The medical examination, including a list of all required vaccinations to enter the United States. - Instructions for your consular interview and give a list of evidence to bring.
Cost
There are two separate fees:
- Application to Determine Returning Resident Status - $180
- Visa application processing fee - $205
You will be paying these fees to your local U.S. embassy or consulate.
What Happens if Your SB-1 Visa Application Is Not Approved?
Your local U.S. consulate may determine that your application does not qualify you as a Returning Resident since you have abandoned your permanent residence in the United States. In some cases, you can still apply for a nonimmigrant visa if you have established a residence outside of the United States to which you intend to return. If you can’t provide enough evidence that you have established a residence abroad, you will need to apply for a new immigrant visa to return to the United States. You should apply under the same category and on the same basis as your original immigration application.
Summary
Once you’ve re-entered the United States as a lawful permanent resident again, the best way to ensure you can travel freely is by becoming a U.S. citizen.
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