General guide for applying for a SB-1 Returning Resident Visa Overseas
As a brief overview, a lawful permanent resident who has remained outside the United States for longer than one year will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control.
Under provisions of immigration law, to qualify for returning resident status, the following must be established: o The LPR had the status of a lawful permanent resident at the time of departure from the United States;
o The LPR departed from the United States with the intention of returning and have not abandoned this intention; and
o The LPR is returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.
The Applicant must provide their local Embassy or Consulate with the following evidence:
o A completed Application to Determine Returning Resident Status, Form DS-117
o A copy of the Applicant's Permanent Resident Card, Form I-551
o Dates of travel outside of the United States
o Proof of ties to the United States and intention to return through family, social, and economic ties to the United States
o Proof that the protracted stay outside of the United States was for reasons beyond the Applicant's control.
Once you have compiled all necessary documents, you should contact the local Embassy for filing instructions. File paperwork accordingly and await a date for interview. If the case is approved at interview, the Applicant will need to file DS-260 and submit immigration fees again.
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