To qualify for an SB-1 Returning Resident Visa, you must be a lawful permanent resident (LPR) or conditional resident who has remained outside the United States for more than a year, or beyond the validity of your re-entry permit. You must also show that you left the U.S. intending to return and did not abandon your permanent resident status.
If your stay abroad lasted longer than anticipated, you must prove that the delay was caused by circumstances beyond your control, and you must provide credible documentation to support this.
Processing times vary by U.S. consulate, but it generally takes 3–6 months.
If you’ve been outside the U.S. for more than a year or beyond your travel permit’s expiration, USCIS may consider your green card abandoned. However, the SB-1 visa gives you a chance to return as a permanent resident without restarting the entire green card process.
What Is the SB-1 Visa?
Sometimes, life events or unforeseen circumstances force you to remain abroad longer than expected. Unfortunately, U.S. immigration law presumes that if you stay outside the country for over a year, you’ve given up your green card — even if that wasn’t your intent.
The SB-1 Returning Resident Visa allows you to re-enter the United States and resume your permanent resident status without reapplying for a new immigrant visa. Once approved, the SB-1 visa confirms that you have maintained your LPR status and are eligible to return home.
SB-1 Visa Eligibility Requirements
To qualify for an SB-1 Returning Resident Visa, you must:
- Be a lawful permanent resident (LPR) or conditional resident (CR).
- Have remained outside the U.S. for more than one year or beyond your re-entry permit’s validity.
- Have held LPR status at the time of departure.
- Have left the United States with the genuine intention to return and not abandoned that intent.
- Show that your extended stay was due to circumstances beyond your control.
Proving Circumstances “Beyond Your Control”
If you overstayed abroad and wish to return through the SB-1 visa, you must demonstrate that your prolonged stay was involuntary. Evidence is critical and must be submitted with your DS-117 application and during your interview. Examples include:
- Medical emergencies: Serious illness or injury to you or an immediate family member that prevented travel.
- Pregnancy complications: Medical advice against traveling due to pregnancy-related risks.
- Political or travel restrictions: Unforeseen crises such as war, unrest, or border closures.
- Employment obligations: Job-related delays that made leaving impossible without severe hardship.
- Government or document delays: Waiting for essential paperwork like passports, exit permits, or visas.
Collecting and presenting detailed documentation is vital. Because restarting the green card process can be costly and time-consuming, consulting an experienced immigration attorney at Green Card Link can make a significant difference in your SB-1 approval.
How to Apply for an SB-1 Visa
1. Gather Supporting Documentation
Prepare and submit:
- Form DS-117 (Application to Determine Returning Resident Status)
- Your Permanent Resident Card (Form I-551) and/or Re-entry Permit
- Evidence of travel history (passport stamps, flight itineraries, etc.)
- Proof of ongoing ties to the United States — such as tax returns, property ownership, or family relationships
- Proof that your extended stay was caused by factors outside your control (e.g., hospital records, employer letters, or government documentation)
Example:
A lawful permanent resident traveled to Colombia to visit family but was hospitalized due to medical complications. She provided hospital records, a doctor’s note, and certified translations as evidence for her SB-1 application.
2. Attend the DS-117 Appointment and Interview
The DS-117 is a short form, but accuracy and detail are crucial. You’ll be asked about:
- The ties you maintained with the U.S.
- The reasons you couldn’t return sooner
- The steps you took to avoid abandoning your status
An immigration attorney at Green Card Link can guide you in preparing persuasive responses and supporting documents to maximize your chances of approval.
Each U.S. Embassy or Consulate has its own procedures for DS-117 submission and interviews — some require online forms or emails before scheduling appointments. Always check the specific instructions of your consulate.
3. Begin Consular Processing
Once your DS-117 is approved, you will be classified as an SB-1 Returning Resident. Next, you’ll proceed with NVC consular processing, similar to the process followed by other immigrant visa applicants.
You will:
- Complete Form DS-260 (Immigrant Visa Application)
- Undergo a medical examination with an approved panel physician
- Attend a visa interview at your U.S. Embassy or Consulate
4. Re-Enter the United States with Your SB-1 Visa
After completing the above steps, you can travel back to the U.S. and present your SB-1 visa at the port of entry. Once admitted, USCIS will mail your new green card to your U.S. address.
SB-1 Visa Fees (Approximate)
Fee Type | Amount (USD) |
DS-117 Application | $180 |
SB-1 Immigrant Visa | $205 |
DS-260 (Consular Processing) | $325 |
USCIS Immigrant Fee | $220 |
Total (Required Fees) | ≈ $930 |
Medical exams, vaccinations, and legal fees are additional.
You can always confirm the latest fee structure on the U.S. Department of State’s Visa Services page.
SB-1 Visa Processing Time
The average SB-1 processing time is 3–6 months, depending on factors such as:
- Appointment availability at your U.S. consulate
- The time needed to collect supporting evidence
- Consular workload and efficiency
- Medical and interview scheduling
Starting early and ensuring all documents are in order can help prevent unnecessary delays.
What If Your SB-1 Visa Is Denied?
If your application is denied, don’t lose hope. A qualified immigration attorney at Green Card Link can assess your situation, determine the reasons for denial, and explore alternative legal options — such as reapplying or pursuing another immigration pathway.
SB-1 Visa Approval Rates
While the Department of State does not publish specific SB-1 approval statistics, approximately 2,058 SB-1 visas were granted in FY 2023. Applicants with complete documentation and clear evidence of uncontrollable circumstances generally have favorable outcomes.
How Green Card Link Can Help
At Green Card Link, its immigration attorneys have extensive experience helping returning residents reclaim their lawful permanent resident status. With over a decade of expertise, they can guide you through every stage of the SB-1 process — from completing the DS-117 form to preparing for your consular interview.
If you’ve been abroad for over a year and wish to return to the United States as a permanent resident, contact Green Card Link today to schedule a consultation and receive tailored legal guidance.