The SB-1 visa is given to those people who have previously held a US immigrant visa or Green Card. They traveled to a different country for a temporary visit, but due to reasons beyond their control or knowledge, they could not return to the US within one or two years and lost their immigration status.
Does My Reason Qualify for the SB-1 Visa?
Examples of reasons which qualify as beyond a person’s control and that prevent them from returning to the US could be:
- A sudden illness or disease which does not permit travel
- A pregnancy where the doctor does not advise traveling
- A family dispute during which your travel documents are withheld from you
- You need permission to leave the country and you are not able to get it, etc.
Who Needs an SB-1 Visa?
Most people who have been outside the US for more than two years must apply for an SB-1 visa except for:
- Spouse and children of a member of the US Armed Forces
- Civilian employees of the US government stationed abroad
What are the Requirements For The SB-1 Visa?
To get a SB-1 visa, you must prove that:
- You were a lawful permanent resident with a legal status in the US before you departed for your trip
- You had intentions to return to the US after your temporary stay and still have the intention to stay in the US.
- Your stay abroad was temporary and you could not return due to reasons beyond your control
- You are eligible to maintain an immigrant visa that you had before your temporary stay abroad
How to Apply for the SB-1 Visa?
In order to have your visa processed, it is best to notify the US Embassy that you need an SB-1 visa three months before you intend to travel to the US. The steps to apply for the SB-1 visa are as follows:
- File Form DS-117, Application to Determine Returning Resident Status
- Submit Form I-551, Permanent Resident Card or Green Card which you had before you traveled outside the US.
- Submit your Re-entry Permit if you have one
- Submit supporting documents such as:
- Dates of planned travel outside the US such as your airline ticket or passport stamp
- Proof of intention to return such as employment offer, tax returns, pay slips, etc.
- Proof that you stayed outside the US for reasons beyond your control such as medical documents, etc.
After the US Embassy reviews your documents, it is up to them to decide whether you qualify to apply for the SB-1 visa. If you are eligible, you will then proceed with the following steps:
- Submit Form DS-260, Immigrant Visa and Alien Registration Application which you have filed before during your initial immigrant visa application.
- Conduct a medical examination with a licensed doctor
- Submit supporting documents:
- Your Form DS-260 confirmation page
- The signed medical documents
- Your passport with at least six months of validation
- Two photographs which are according to the US Visa Photo Requirements
- Other documents as per the instructions of the US Embassy where you are applying
Depending on the workload of the embassy, it takes 3 to 6 months on average for your application to be completed and for them to notify you whether you have gotten the SB-1 visa or not.
What If My SB-1 Visa is Denied?
The US Embassy decides whether you are eligible for the SB-1 visa based on the documents and evidence you submit to them. If for whatever reason, they decide that you do not qualify for the visa they will notify you to either submit additional documents or that you simply cannot get a returning resident visa.
In this case, you will not be allowed to enter the US again without another valid visa. Your options are then to try and apply for a US immigrant visa from the beginning by starting the petitioning process and submitting the documentation or apply for a US non-immigrant visa for a temporary visit or stay in the US.