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U.S. Attorney for Visa Matters
Returning Resident Visa

ВIf a foreigner with permanent resident status (Green Card) has been outside the United States for more than one year and has not obtained a Reentry Permit to avoid losing their permanent resident status and to return to the U.S. without issues, they must obtain a special SB-1 visa for returning residents.

Who is eligible for the SB-1 visa?

ТSimply having had permanent resident status in the past is not enough to qualify for the returning resident visa. There are a number of requirements that must be met in order to obtain an SB-1 visa:

  • You had permanent resident status before leaving the U.S.
  • You intended to return to the U.S. at the time of departure, throughout your stay abroad, and still intend to live in the U.S. You can prove your intent with documents such as tax returns, a job offer in the U.S., property in the U.S., close family ties, school records for your children, etc.
  • There are valid reasons, beyond your control, that prevented you from returning to the U.S. earlier, such as:
  • Illness or unexpected health issues that prevented you from traveling
  • Pregnancy or other circumstances that prevented long-distance travel
  • Family disputes during which your documents were delayed or confiscated
  • Other reasons that are well-documented and substantiated.

How to obtain an SB-1 visa?

If the situation meets the criteria, the former U.S. permanent resident should contact the nearest U.S. Consulate, ideally no later than three months before their intended return to the U.S. You will need to complete Form DS-0117 and provide the necessary documents confirming your intention to return and the reasons for your absence.

The consulate will review your application, and if approved, you will be allowed to apply for the SB-1 visa. Additional documentation, including medical examination results and service fees, will be required.

In the case of a denial, you may need to start the immigration visa process or apply for a non-immigrant visa for a short-term visit.

Schedule a consultation with an attorney

The process of returning to the U.S. as a permanent resident after a prolonged absence is serious and must be approached with care. It is important to consult someone with extensive experience in such cases. Matthew Morley is well-versed in the specifics of how U.S. consular departments operate and can provide up-to-date information about the SB-1 visa. He will guide you through the process if desired.

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