Have you been living abroad and found that your U.S. residency status is in jeopardy due to an extended absence? The Returning Resident Visa (SB-1) is designed for lawful permanent residents (LPRs) who have had to remain outside the United States for more than one year and wish to return to the U.S. without losing their permanent residency status. If you’ve been living abroad for reasons such as employment, family matters, or unforeseen circumstances, the SB-1 Visa can help you return to the U.S. and resume your life as a permanent resident.

At Larhdel Law, we specialize in assisting individuals with the SB-1 Visa process. Whether you need help with the application, gathering necessary documents, or preparing for your visa interview, we’re here to make the process as smooth and straightforward as possible. Call us today at 310 943 6352 to discuss how we can assist you in returning to the United States.

What is the Returning Resident (SB-1) Visa?

The Returning Resident (SB-1) Visa is a special visa available to lawful permanent residents (Green Card holders) who have been outside the United States for more than one year but wish to return to resume their permanent resident status. It essentially acts as a way for permanent residents who have been unable to return to the U.S. within the required one-year period to retain their status and return to the U.S.

Typically, when a Green Card holder remains outside the U.S. for more than one year without obtaining a re-entry permit, they risk losing their lawful permanent resident status. The SB-1 Visa allows you to reapply for entry to the U.S. and resume your permanent resident status without starting the entire immigration process over again.

Who is Eligible for the SB-1 Visa?

To qualify for the SB-1 Visa, applicants must meet the following requirements:

• Lawful Permanent Resident Status: You must have been a lawful permanent resident (Green Card holder) before leaving the U.S.
• Prolonged Absence: You must have remained outside the U.S. for more than one year or beyond the expiration of your re-entry permit.
• Intent to Return: You must have intended to return to the U.S. within the original period of stay but were prevented from doing so due to unforeseen circumstances, such as family emergencies, medical issues, or employment-related matters.
• Evidence of Ties to the U.S.: You must provide evidence that you maintained ties to the U.S., such as ownership of property, a job in the U.S., or close family members residing in the U.S.

If you meet these qualifications and can demonstrate that your prolonged absence was beyond your control, you may be eligible to apply for the SB-1 Visa.

How to Apply for the SB-1 Visa

Applying for a Returning Resident Visa (SB-1) involves several important steps. Here is an overview of the process:

1. Step 1: Schedule a Visa Appointment at a U.S. Embassy or Consulate
   The first step is to schedule a visa appointment at the nearest U.S. embassy or consulate in the country where you currently reside. The consular officer will assess your eligibility for the SB-1 Visa and will review the reasons for your extended stay abroad.
2. Step 2: Complete the DS-117 Form
   To begin the application process, you must fill out Form DS-117, the Application to Determine Returning Resident Status. This form is the key document that informs the U.S. authorities about your situation and your request to return to the U.S. as a lawful permanent resident.
3. Step 3: Submit Supporting Documents and Fees
   Once you have completed Form DS-117, you must submit it along with any required documents and a visa application fee. This fee is typically non-refundable, even if your visa is not approved.
4. Step 4: Attend the Visa Interview
   If your application is complete, you will be scheduled for a visa interview at the U.S. embassy or consulate. During the interview, the consular officer will ask questions about your absence, your intentions to return to the U.S., and your ties to the U.S. You must be prepared to explain why you couldn’t return within the one-year period and demonstrate that you intend to re-establish your life in the U.S.
5. Step 5: Wait for the Decision
   Once the interview is complete, the consular officer will make a decision on your application. If your application is approved, you will be granted an SB-1 Visa and will be allowed to return to the U.S. as a lawful permanent resident.

How We Can Help You with the SB-1 Visa Process

At Larhdel Law, we understand how crucial it is for you to return to the U.S. and resume your life as a permanent resident. Here’s how we can assist you with the SB-1 Visa application process:

• Assessing Eligibility: We’ll evaluate your situation and determine whether you qualify for the SB-1 Visa. We’ll work with you to make sure you meet all the necessary requirements.
• Preparing and Filing Documents: Our team will help you prepare the required documents, including Form DS-117, and ensure they are submitted properly. We also assist in gathering supporting evidence to strengthen your case.
• Interview Preparation: We provide you with guidance on how to prepare for the visa interview, ensuring you understand what questions to expect and how to present your case effectively.
• Legal Representation: If any issues arise during the process, we’ll be by your side to help address them, offering expert legal representation throughout the entire application process.

Real-Life Success Stories

• Case 1: Returning After Employment Abroad
  A client had worked abroad for several years and was unable to return to the U.S. due to work-related commitments. We helped them demonstrate their intent to return and their strong ties to the U.S., resulting in approval for their SB-1 Visa.
• Case 2: Family Emergency Leading to Prolonged Stay
  A client had been living abroad for more than a year due to a family emergency and was at risk of losing their U.S. residency. We helped them present evidence of the emergency and their ties to the U.S., leading to a successful SB-1 Visa approval.
• Case 3: Medical Issue Preventing Return
  A client faced medical issues that kept them outside the U.S. for over a year. With our help, they provided medical records and evidence of their intent to return, and their SB-1 Visa was granted.