Returning resident visas

/ Immigration overview

A Returning Resident Visa, also known as a SB-1 Visa, is a special type of immigrant visa issued to lawful permanent residents (green card holders) who have spent an extended period of time outside of the United States and are unable to return to the country due to circumstances beyond their control. These circumstances may include family emergencies, medical conditions, or other unforeseen events that have kept them abroad for an extended period. Returning Resident Visas are designed to allow these lawful permanent residents to re-enter the United States and maintain their permanent residency status.


Am I eligible for a Returning Resident Visa?

To be eligible for a Returning Resident Visa, the applicant must meet specific criteria, including:
  • Having been a lawful permanent resident of the United States.
  • Having the intention of returning to the United States to live.
  • Being unable to return to the United States during the extended absence due to circumstances beyond their control.

How can I overcome an extended absence?

The lawful permanent resident must demonstrate that their absence from the United States was temporary and that they had maintained their ties to the country, such as paying U.S. taxes, maintaining a U.S. address, or retaining family and business connections.

Will I go through the Consular Processing?

To obtain a Returning Resident Visa, the applicant typically applies at a U.S. embassy or consulate in their home country.

What form do I need to fill out?

Applicants must file Form DS-117, Application to Determine Returning Resident Status, to establish their eligibility for a Returning Resident Visa.

Do I need to provide supporting documents?

The applicant should provide evidence to demonstrate the reasons for the extended absence, such as medical records, court documents, or other relevant documentation.

Do I need to pay application fee?

There is a fee associated with the application process for Returning Resident Visas.

Do I need to attend an interview?

Applicants may be required to attend an interview at the U.S. embassy or consulate to discuss their circumstances and demonstrate their eligibility.

What is the length of validity of SB-1 Visa?

Once granted, a Returning Resident Visa is typically valid for one entry into the United States within a specified period. After re-entering the United States, the returning resident can then apply to replace their expired green card. It's important to note that the decision to grant a Returning Resident Visa is at the discretion of the consular officer, and it is based on the applicant's ability to demonstrate that their extended absence was due to circumstances beyond their control. If the Returning Resident Visa is approved, the individual can re-enter the United States as a lawful permanent resident.

How can Kananchuk Law Office help you in obtaining a Returning Resident Visa?

Applying for a Returning Resident Visa can be a complex process, and our experienced Returning Resident Visa Attorney can help you to improve your chances of obtaining your SB-1 Visa.

Book your consultation today to discuss your Returning Resident Visa Case.

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