Life is full of unexpected events. For a green card holder living abroad, these events, like a sudden illness, family emergency, or pandemic, can sometimes mean you’re out of the United States for longer than planned. This can be stressful, as an extended stay outside the country can put your permanent resident status at risk.
Fortunately, the US immigration system has a specific provision for this exact scenario: the SB-1, or Returning Resident Visa. The SB-1 visa is a critical but often misunderstood pathway. It is not a new green card, but a way to prove that you never intended to give up your US residence and to be allowed to return home.
At Remitly, we understand that immigration rules can be overwhelming. This comprehensive guide will walk you through the entire SB-1 visa application process, including eligibility, required documents and tips for success, so you can confidently take steps to preserve your status.
What is the SB-1 visa?
The SB-1 visa is a special type of immigrant visa for a Lawful Permanent Resident (LPR) who has remained outside the US for more than one year and wishes to return. It is a way to reclaim your LPR status after an extended, unavoidable absence.
Defining the SB-1: A visa to reclaim your green card status
The official title for the SB-1 is the “Returning Resident Visa.” It acknowledges that you are not a new immigrant, but rather a current resident who needs official permission to re-enter the country after a long time away. If a consular officer approves your SB-1 application, it serves as proof that you have not abandoned your US residence.
Why is the SB-1 visa necessary?
US immigration law requires Lawful Permanent Residents to maintain their primary residence in the US. A physical green card (Form I-551) can be used to re-enter the US after a trip abroad of less than one year. However, if you are outside the US for more than one year, or beyond the validity of a Re-entry Permit, your green card is no longer considered a valid entry document. At this point, you are legally presumed to have “abandoned” your permanent residence. The SB-1 visa is the legal mechanism to challenge and overcome that presumption.
SB-1 visa eligibility requirements: A high bar to clear
The SB-1 visa is known for being difficult to obtain because the burden of proof is entirely on the applicant. You must convince a US consular officer of three critical points, all supported by strong evidence.
Condition 1: You had LPR status when you left the US
You must have been a fully recognized Lawful Permanent Resident at the time you departed the US for your trip abroad. This means you were not in removal proceedings, and your status was valid.
Condition 2: You intended to return to the US when you left
You must prove that at the time of your departure, you intended the trip to be temporary and that your home was still in the US. You were not leaving to establish a new permanent residence in another country.
Condition 3: Your extended stay was due to reasons beyond your control
This is the most challenging requirement to meet. You must demonstrate that the reason you were unable to return to the US within one year was due to unforeseen circumstances that you could not have predicted or prevented. Simply wanting to stay longer with family or pursuing a temporary job opportunity abroad is generally not a sufficient reason. The circumstances must have been truly outside of your control.
Required documentation for your SB-1 visa application
A successful SB-1 visa application is built on a foundation of extensive and convincing documentation. You need to provide evidence that proves your past status, your ongoing ties to the US, and the specific reasons for your prolonged absence.
Core application forms and proof of LPR status
To start the process, these are the forms you’ll need at first:
- Form DS-117, Application to Determine Returning Resident Status: This is the initial form that starts the process.
- Your permanent resident card (green card): Even if it is now considered invalid for travel, it proves your prior status.
- Your re-entry permit (if you had one): If you obtained a Re-entry Permit before you left and still overstayed its validity, you must include it.
Evidence of your ties to the US
This is crucial for proving you never intended to abandon your residence. The more evidence you have, the better. Examples include:
- Financial ties: Proof of filing US income tax returns as a resident, maintaining US bank accounts and credit cards, and evidence of a US pension plan.
- Property ties: Deeds or mortgage statements for a home you own in the US, or rental agreements.
- Family ties: Evidence of immediate family members (spouse, children, parents) who reside in the US.
- Other ties: A valid US driver’s license, proof of club memberships, or other evidence showing your life is centered in the US.
Evidence of the reasons for your extended stay
This documentation must clearly show that your delay was due to circumstances beyond your control. This may include:
- Medical reasons: Detailed medical records, letters from physicians explaining a serious illness (your own or a close family member’s) that prevented travel.
- Employment reasons: A letter from your US employer detailing a temporary overseas assignment that was unexpectedly extended by the company.
- Political unrest or travel restrictions: Official government announcements or news articles showing that you were unable to depart a country due to civil war, a natural disaster, or a global event like the COVID-19 pandemic that shut down travel.
How to apply for an SB-1 visa
Applying for an SB-1 visa involves a unique, two-stage process that takes place entirely at a US embassy or consulate abroad.
Applying for returning resident status (Form DS-117)
The first step is to contact the US embassy or consulate in your area to schedule an interview for “determining returning resident status.” You will pay a filing fee and submit Form DS-117 along with all your supporting documents.
At this first interview, a consular officer will review your evidence and ask you detailed questions. Their goal is to decide whether you have successfully proven that your extended stay was for reasons beyond your control.
Applying for the immigrant visa (if approved)
If the consular officer approves your DS-117 application, you have successfully overcome the presumption of abandonment. However, you do not get your green card back at this stage. Instead, you are invited to apply for a new immigrant visa. This involves:
- Completing Form DS-260, Immigrant Visa Electronic Application.
- Undergoing a new medical examination with a consulate-approved physician.
- Attending a second interview, the official immigrant visa interview.
- Paying the immigrant visa application fees.
If this second stage is successful, the consulate will place the SB-1 visa in your passport. You can then use this to travel to the US and resume your LPR status upon entry.
SB-1 visa processing time and fees to pay
The timelines and costs for an SB-1 visa are important factors to consider in your planning.
Understanding the SB-1 visa processing time
The total SB-1 visa processing time can be lengthy and varies significantly between consulates. It can take several months just to get an appointment for the initial DS-117 interview.
If you’re approved, the second stage of immigrant visa processing is likely to add several more months. It’s important to start the process as far in advance of your desired travel date as possible.
A breakdown of the expected fees
You’ll have to pay several fees throughout the process, including:
- The fee for filing Form DS-117.
- The immigrant visa application processing fee (for the DS-260).
- The cost of the medical examination.
- The US Citizenship and Immigration Services (USCIS) immigrant fee, which you must pay after your visa is approved but before you travel to the US. These fees can add up to several hundred dollars. Check the US Department of State website for the most current fee schedule.
Common challenges and solutions for SB-1 applicants
The SB-1 visa has a high denial rate, so being prepared for the challenges is essential.
Proving your stay abroad was “beyond your control”
This is the most difficult hurdle. Your evidence must be compelling and, where possible, from third-party sources. Medical records, official government lockdown notices, or letters from employers detailing involuntary assignment extensions are much stronger than personal declarations alone.
Demonstrating unbroken ties to the US
If you haven’t been filing US taxes or have closed your US bank accounts, it will be very difficult to argue that you intended to return. Even while living abroad, you should continue to act like a US resident as much as possible. Continue filing US taxes, maintain your US driver’s license, and keep financial accounts open in the US.
What to do if your SB-1 application is denied
A denial of the DS-117 application is final and cannot be appealed. If your application is denied, the consular officer is formally stating that you have abandoned your permanent residence.
In this situation, the only way to immigrate back to the US is to have a qualifying relative or employer file a new immigrant petition (like a new Form I-130) on your behalf, effectively starting the green card process from the very beginning.
Tips for a stronger SB-1 visa application
Gather overwhelming evidence: Do not submit the minimum. Collect every possible document that supports your case, no matter how small. The more evidence you have of your ties to the US and the unforeseen nature of your delay, the better.
Write a clear and compelling personal statement: Draft a detailed letter explaining your situation. Outline your original travel plans, describe the circumstances that prevented your return, and reaffirm your strong desire to live permanently in the US.
Seek professional guidance: Because the SB-1 visa is so difficult to obtain, this is one area where consulting an experienced immigration attorney can be worth every penny. They can help you assess your eligibility and prepare the strongest possible case.
Conclusion
The SB-1 Returning Resident Visa can feel like a lifeline for lawful permanent residents who’ve been stuck outside the US longer than planned—often due to circumstances they simply can’t control. It’s not the easiest path, but it is a path back home.
What really makes a difference is how well you prove your case. You’ll need to show that you never intended to abandon your US residence and that the reason you stayed abroad was genuinely out of your hands. The more clear and compelling your evidence, the better your chances.
Because approvals aren’t guaranteed, it’s worth taking the time to prepare carefully. Pull together everything that supports your story, get your documents in order, and don’t hesitate to seek expert help if you need it. With the right preparation, you can give yourself the best shot at getting back to your life in the US.
FAQs
Can I apply for an SB-1 visa online?
No. The initial application to determine your returning resident status, Form DS-117, must be filed in person by appointment at a US embassy or consulate.
What are the application fees for the SB-1 visa?
The fees are substantial and come in stages. You must pay a fee to file the DS-117. If it’s approved, you must then pay the separate immigrant visa application fee and the USCIS Immigrant Fee. Always check the official Department of State fee schedule for the most current costs.
What happens if my SB-1 application is denied?
A denial of the DS-117 application is a final decision from the consulate that you have abandoned your permanent resident status. There is no appeal. Your only option to return to the US permanently would be to have a qualifying US citizen or LPR family member or a US employer file a new petition for you.
Can family members be included in my SB-1 application?
No. Each returning resident must apply individually and independently prove their eligibility. If your spouse and children are also LPRs who overstayed, they must each file their own SB-1 application and demonstrate that their extended stay was for reasons beyond their own control.