Expert Guidance for Lawful Permanent Residents Seeking to Return to the U.S.
If you’ve been outside the United States for an extended period and wish to return as a lawful permanent resident, an immigration lawyer at Martinez Immigration can help. We assist with SB-1 Returning Resident Visa applications and Green Card reinstatements, ensuring you regain legal entry into the U.S. despite extended travel abroad.
Who may need an immigration attorney for Returning Resident Visa?
An immigration lawyer can assist with:
- SB-1 Visa Applications – For lawful permanent residents (LPRs) who stayed outside the U.S. for more than one year without a reentry permit.
- Green Card Reinstatements – Helping residents who lost their permanent residency due to prolonged absence.
- Waivers for Prolonged Absence – Assisting applicants in proving their extended stay was due to reasons beyond their control.
- Expedited Consular Processing – Speeding up SB-1 visa approvals for urgent cases.
Unsure about your eligibility?
An immigration lawyer can evaluate your case and help you submit a strong application.
Eligibility for Returning Resident (SB-1) Visa
To qualify for an SB-1 Returning Resident Visa, you must prove:
- You were a Lawful Permanent Resident (LPR) before departing the U.S.
- You left the U.S. with the intent to return and never abandoned your residency.
- You remained outside the U.S. due to circumstances beyond your control, such as medical emergencies, family crises, or government-imposed travel restrictions.
- You continue to be eligible for an immigrant visa.
How to Apply for a Returning Resident Visa (SB-1)
Consult with an Immigration Lawyer
Determine your eligibility and gather required documentation.
File Form DS-117
Submit an Application to Determine Returning Resident Status at the nearest U.S. Embassy or Consulate.
Attend a Consular Interview
A consular officer will review your case and supporting documents.
If Approved, Proceed with an Immigrant Visa Application
Submit Form DS-260, complete a medical exam, and attend another interview.
Receive Your SB-1 Visa
Once approved, return to the U.S. as a lawful permanent resident.
Many SB-1 applications get denied due to weak evidence. An immigration attorney ensures your case is well-documented and properly submitted.
Required Documentation
Form DS-117
Application for Returning Resident Status.
Evidence of Lawful Permanent Residency
Green Card (Form I-551) or reentry permit (if applicable).
Proof of Intent to Return
Tax returns, homeownership, bank records, or employment ties in the U.S.
Evidence of Uncontrollable Circumstances
Medical records, legal notices, or proof of government-imposed travel restrictions.
Form DS-260 (Immigrant Visa Application)
If SB-1 status is granted, you must complete an immigrant visa process.
Common Challenges & Legal Solutions
Challenges
Solutions
Difficulty Proving Intent to Return
USCIS or the consulate may reject applications due to lack of evidence proving the applicant intended to return.
Our lawyers compile tax returns, family ties, U.S. assets, and employment records to strengthen your case.
SB-1 Visa Denied
If your SB-1 visa is denied, you may need to restart the immigration process.
Our legal team explores waivers and re-filing options to restore your status.
Administrative Processing Delays
SB-1 visa cases often face long consular delays.
We communicate directly with the consulate and file expedite requests when necessary.
Additional Resources
Frequently Asked Questions
What happens if my SB-1 visa is denied?
You may need to restart the immigrant visa process, but we can help file a waiver or reconsideration request.
Can I apply for an SB-1 visa if I was outside the U.S. for less than one year?
No. If you were gone for less than 1 year, you can re-enter with a valid Green Card without needing an SB-1 visa.
Can I expedite my returning resident visa?
Yes! If you have urgent humanitarian reasons, an attorney can file an expedite request on your behalf.
Do I need a lawyer to apply for an SB-1 visa?
While not required, having a lawyer significantly increases approval chances by ensuring your application is well-documented.
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Speak with an Immigration Attorney Today!
Need to return to the U.S. after an extended stay abroad? An immigration lawyer at Martinez Immigration can guide you through the returning resident visa, SB-1 visa, and Green Card reinstatement process.