The SB-1 Returning Resident Visa requires only one year of residence!
By Dev B. Viswanath, an attorney
If a person receives permanent residency, they are permitted to travel within and outside the United States without difficulty as long as they do not abandon their permanent residence or reside abroad, both of which could be considered abandoning Lawful Permanent Residence. In order to reenter the United States, permanent residents must present their passport and green card from their country of citizenship for less than six months. People are typically regarded as having returned to the United States after a vacation or brief trip abroad within six months.
The individual may be asked questions about the trip to determine whether or not they have abandoned their residence while abroad if the trip is longer than six months but shorter than one year. If the trip lasts for more than a year and the applicant knew before they left that they would be out of the United States for more than a year, they may want to apply for a re-entry permit, which gives them permission to stay out of the country for up to two years and gives them the option to reenter the country only once or multiple times if necessary. However, there are some individuals who are caught outside the United States and are unable to return before the one-year period is up. The majority of these individuals were unaware that they would need to be absent for as long as they are or cannot bear to return within one year. Technically, leaving the United States for more than a year effectively forfeits one's green card status.
If a permanent resident of the United States has been outside of the country for more than one year without obtaining a reentry permit, they can either apply for a returning resident visa, also known as an SB-1 visa or go through the entire green card process again. With an SB-1 Visa, given by a consular post, the singular will actually want to hold their home and return to the US as a Long-lasting Home without interference. A returning resident must demonstrate that their trip was extended due to circumstances beyond their control and that they have continued to have unbroken ties to the United States in order to qualify for an SB-1 visa.
The following are a few examples of the reasons why an extended stay abroad was required: illness, death, pregnancy, or inability to obtain permission to leave the foreign nation.
- A permanent resident who has lived abroad for some time and wants to come to the United States can get an SB-1 visa if the individual was a legal permanent resident at the time of his or her departure from the United States.
- The individual did not leave the United States with the intention of never returning.
- When a person returns to the United States after a prolonged absence abroad, the prolonged absence was caused by events beyond their control and for which they bear no responsibility; Moreover, the individual is qualified in all other respects for the SB-1 US visa.
- Even if they have been outside of the United States for more than two years, some people do not require the SB-1 visa. They are the spouses and children of U.S. military personnel or civilian government workers stationed overseas.
- If a person falls into either of those two categories, they can still enter the United States with their expired Permanent Resident Card.
The SB-1 visa takes anywhere from three to six months to process. An individual will not be permitted to enter the United States again without a second valid visa if their application for the SB-1 visa is rejected.
