Here are the steps involved for applying for a returning resident visa or SB-1 visa:
- Complete form DS-117 and gather documents The application process starts with gathering downloading the DS-117, Application to Determine Resident Status and gathering the documents mentioned above. ...
- File your application Next, you need to visit the local US Consulate and file the DS-117 in person. ...
- Submit DS-260 and attend the medical examination
What happens if returning resident status is granted?
If Returning Resident Status is granted, you will become eligible to apply for an immigrant visa. While you will not be required to have immigrant visa petition be filed on your behalf with the U.S. Citizenship and Immigration Services, you will still be required to establish your eligibility for an immigrant visa, attend a medical exam, and pay a new set of visa processing fees.
How do I apply for a temporary resident visa?
You will need to bring the following to your visa appointment:
- Appointment confirmation
- Visa form
- Passport-sized photograph
- Passport (original & photocopy)
- Payment method for visa fee ($40 USD) I paid with a credit card.
- Proof of economic solvency See the above section for details
Was your visa application refused or denied?
Visa refusal means you did something wrong and that went on your permanent record, leading to visa refusal. While the visa rejection means something is missing from your application and you have to resubmit your paperwork. A denial letter and a refusal letter are interchangeable; however, a visa rejection is not.
Is it bad to withdraw US visa application?
Plans change. No, withdrawing a visa application in good standing will not impair your future visa applications, as long as the current application does not reveal information detrimental to future applications. For example, if you applied for an immigrant visa now, you may have trouble getting a non-immigrant visa in the future.
How long does it take to process returning resident visa?
3-6 monthsYou should apply for the SB-1 visa as far in advance of your intended travel date as possible to allow time for the application to be approved, but the processing time on these visas is fast and generally doesn't take any more than 3-6 months.
How do I get a returning resident visa?
When applying for a Returning Resident (SB-1) immigrant visa, you should submit the following forms and documents to the U.S. Embassy or Consulate where you will apply: A completed Application to Determine Returning Resident Status, Form DS-117. Your Permanent Resident Card, Form I-551. Your Re-entry Permit, if ...
How much does a returning resident visa cost?
The fee for filing form DS-117 and determining returning resident status is USD 180. The SB1 immigrant visa application fee, which you will be required to pay if the returning resident status is granted to you by a consular officer, is USD 205.
How long is a returning resident visa valid?
two yearsThe permit has a maximum validity of two years and may not be extended. If a Reentry Permit is obtained, the alien may use it to reenter the United States within the period of validity of the permit.
What documents are required for sb1 visa?
What documents do you need to apply for an SB-1 visa?You must complete Form DS-117.Your permanent resident card. Form I-551.Your re-entry permit – provided you have one. ... Proof supporting your reasons why staying abroad beyond the permitted time limits was beyond your control – such as a medical report.
What is the 4 year 1 day rule for US citizenship?
The 4-year 1 day rule is simple. If you break continuous residence (travel outside the US), a new period starts to run when you return. From the day of return, you must stay in America for at least 4-years and a day before you are eligible to reapply for naturalization.
Who is considered a returning resident?
A Returning Resident (SB-1) immigrant visa allows those who have surpassed a permanent resident card's (or green card's) limits on extended travel to return to the United States and resume their lawful permanent resident status.
Do I need returning resident visa?
A U.S. Lawful Permanent Resident (LPR) or Conditional Resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence.
Who is a returning resident?
Returning Resident: In accordance with definition outlined Item 6A, paragraph 7 of the Schedule, a returning resident is a person who the proper officer is satisfied is a Jamaican national who has attained the age of eighteen (18) years and has been resident overseas for not less than three consecutive years; and is ...
What happens after sb1 is approved?
What happens if the application is approved? If the application is approved, then you have six months to apply for an immigrant visa. In addition to attending another interview, you will need to pay the immigrant visa processing fee of $205 and complete a medical exam and pay vaccination fees.
What happens if sb1 is denied?
If the SB-1 Visa is denied on the basis that the alien (applicant) has resigned his/her residence in the United States, it may or may not be possible to obtain a non-immigrant visa, depending on whether the applicant has established residence abroad to which he will return to.
Do I need to renew my permanent resident visa Australia?
Even though you are holding on to a PR in Australia, there is still a validity period for the visa. Your PR is issue for a period of 5 years but you are required to stay 2 years (730 days) the 5 years to be eligible for renewals. You must always renew your PR on time before it expires.
Who is considered a returning resident?
A Returning Resident (SB-1) immigrant visa allows those who have surpassed a permanent resident card's (or green card's) limits on extended travel to return to the United States and resume their lawful permanent resident status.
Do I need a resident return visa?
After five years, permanent resident must obtain a Five Year Resident Return visa in order to re-enter the country. To apply for this visa you must have spent 2 years, within the last 5 living in Australia and be: an Australian permanent resident.
Who is a returning resident?
Returning Resident: In accordance with definition outlined Item 6A, paragraph 7 of the Schedule, a returning resident is a person who the proper officer is satisfied is a Jamaican national who has attained the age of eighteen (18) years and has been resident overseas for not less than three consecutive years; and is ...
What is a returning resident visa UK?
The Returning Resident visa is used where you have previously held UK ILR but have been out of the country for more than two consecutive years and want to return here to settle. As a returning resident, you can re-enter the UK to live, work and study here permanently.
Return to the UK if you had indefinite leave to remain
You may be able to live permanently in the UK as a ‘returning resident’ if you were previously settled here. You must: have had indefinite leave to...
If you were away for less than 2 years
You still have your indefinite leave to remain if you were away for less than 2 years. When you travel to the UK, show the stamp, vignette or biome...
If you were away for more than 2 years (Returning Resident visa)
You lose your indefinite leave to remain if you’ve been outside the UK for 2 or more continuous years. You may be able to re-enter the UK and get i...
Armed forces, government and British Council employees
You still have your indefinite leave to remain even after 2 years outside the UK if your spouse or partner does certain jobs. This means you do not...
What are the requirements to get a return visa?
Those are: You had held the status of a lawful permanent resident when you left the US. You had shown the intention of returning to the United States and not abandoning your status. You are not ineligible for a visa in any other aspect.
What Is A Returning Resident Visa (SB-1)?
A Returning Resident Visa or an SB-1 visa is a type of visa used by conditional residents in the United States to reenter the country after they’ve been away from the country for a considerable amount of time. The amount of time they stay outside is usually more than what is allowed.
How long can you stay outside the US with a return resident visa?
With a re-entry permit in hand, you can remain outside of the United States for a period of up to 2 years. Not only lawful residents, but this rule is also applicable to a certain category of conditional residents (CR).
How long does it take to get a green card back?
When you travel outside of the United States as a green card holder, you should make all possible efforts to get back within the 1-year time frame. SB-1 isn’t complicated but is definitely stringent when it comes to the eligibility. Before proceeding with the application, we advise you to consult with an immigration attorney and formulate the best plan. An SB-1 returning visa is always better than starting the visa process all over again.
Why was my passport withheld?
Your passport and other documents were withheld because of a family dispute.
How long can you stay outside the US with a green card?
This is the case if you do not have a re-entry permit. If you do have a re-entry permit, then you can stay outside the US for up to 2 years.
Is it easier to get a return resident visa or a new one?
Applying for the returning resident visa is easier and is simpler than applying for a new visa altogether. Therefore, this method is preferred and recommended. It is advised that you start the application process as much early as possible before your anticipated travel date.
Do I Qualify for a Returning Resident Visa?
To qualify for returning resident status, you will need to prove that you:
Need Help Applying for a Returning Resident Visa?
If you are a lawful permanent resident who is needing a legal advice on an immigration matter, you may fill up the form on the right. We are more than willing to assist you.
Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association.
How long does it take to return to the US to be a permanent resident?
A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) must return to the United States within one year of departure to maintain permanent resident status. There is currently no change to the requirement that LPR (s) maintain their status.
How long do you have to stay outside the US to get a LPR?
If you plan on remaining outside the United States for longer than one year , you must apply for a re-entry permit (Form I-131) with the U.S. Citizenship and Immigration Services. Extensions of LPR status may not be obtained from outside the United States.
Can I pay for SB1 visa in India?
The U.S. Embassy, New Delhi accepts ONLY cash payment (US dollar or Indian Rupee) for SB1 applications. If visiting the U.S. Consulate General in Mumbai, a credit card or bank draft can also be used. The bank draft must be issued in the name of “U.S. Consulate General, Mumbai”, and should be payable in Mumbai. Current fees for submitting an application for determining Returning Resident status can be found here. As the consulate rate of exchange can change, check the current consular rate of exchange here the day prior to your interview. Please note that visa fees are not refundable;
Where to take fingerprints for visa?
You’ll need to have your fingerprints and photograph (known as ‘biometric information’) taken at a visa application centre as part of your application. You may be able to get your visa faster depending on what country you’re in - check with your visa application centre.
What do you need to show when you travel to the UK?
When you travel to the UK, show the stamp, vignette or biometric residence permit that originally gave you permission to settle here.
Do dependents need to apply separately for a return visa?
Your dependants (partner and children) need to apply separately for a Returning Resident visa if they’re eligible.
How to apply for a return resident visa?
You may apply for a Returning Resident Visa (SB-1) by filing a Form DS-117 with supporting documents. In order to do so, you must show evidence of the continued unbroken ties to the U.S. and that the trip was extended due to events beyond your control. Contact the nearest consular office well in advance of your planned travel (at least three months in advance, if possible) to allow sufficient time for visa processing. If your Returning Resident Visa is approved, you still have to go through the immigrant visa process.
How many times do you have to be interviewed for a return resident visa?
In other words, you will need to be interviewed twice, once for a Returning Resident application and again for the immigrant visa. You must apply for an immigrant visa within 6 months of getting approval for Returning Resident status.
What is the consular interview?
The consular officer will conduct a visa interview and determine whether you are eligible for a returning resident status. After the interview, the consular officer will advise you about the next steps that you must take.
How far in advance do you need to travel to get a visa?
Contact the nearest consular office well in advance of your planned travel (at least three months in advance, if possible) to allow sufficient time for visa processing. If your Returning Resident Visa is approved, you still have to go through the immigrant visa process.
How long can you stay in the US without losing your immigrant status?
government personnel and hold legal resident status in the U.S., you may stay abroad for the extent of an official overseas project plus four months without losing your immigrant status.
How long can you stay abroad without a reentry permit?
However, all other permanent residents of the U.S. that remained abroad for more than twelve months without obtaining a reentry permit or past the validity period of a reentry permit have two options:
Can a conditional resident apply for a special immigrant visa?
Conditional residents that failed to file an application to have the conditional resident status removed are obligated to apply for a new immigrant visa. They are not eligible to apply for a special immigrant status as a returning resident.
What is a Resident Return visa and what can you do with it?
A Resident Return visa is granted to permanent residency holders living in Australia whose travel facility on their permanent visa has expired. While permanent visa holders can remain in Australia indefinitely, the travel facility of their visa runs out after five years. Therefore, if they plan to travel internationally after this period of time, they have to make sure that they have a right of re-entry to Australia by applying for an Australian Resident Return visa.
Why should I apply for a Resident Return visa through Visapath Australia?
You will be fully supported by your personal registered migration agent, who will advise and assist you through the entire application process . They will be your central point of contact for all queries and make sure everything is as uncomplicated as possible for you .
How long do you have to stay in Australia to get a permanent resident visa?
If you have spent at least two out of the last five years in Australia, regardless whether it was a consecutive period of two years or accumulated throughout multiple shorter stays, and you have been the holder of a permanent resident visa during that time, you are meeting the residency requirement.
How long is a resident return visa valid in Australia?
Applicants who are able to meet the residency requirement may be granted a Resident Return visa for five years, whereas applicants who are able to demonstrate substantial ties or have compelling and compassionate reasons for their absence may be granted this visa with a validity of up to 12 months. The visa is granted electronically and linked to your passport number. This means that no passport label or other entry is required in your passport.
What are the requirements for a visa?
The most important visa requirements at a glance: 1 Applicant is Australian permanent resident, former permanent resident or former Australian citizen 2 Valid passport 3 Meet the residency requirement or alternatives 4 last permanent resident visa was not cancelled/citizenship was not renounced or lost
How long do you have to be in Australia to get a residency visa?
How do you calculate the residency requirement for a Resident Return visa: You must have been physically present in Australia for at least 730 days in the 5-year-period prior to the day you apply for this visa. Please note that you can only count the time you have spent in Australia as a permanent visa holder but not any time you have held a temporary visa or bridging visa towards the two years.
How long can a permanent visa last in Australia?
While permanent visa holders can remain in Australia indefinitely, the travel facility of their visa runs out after five years. Therefore, if they plan to travel internationally after this period of time, they have to make sure that they have a right of re-entry to Australia by applying for an Australian Resident Return visa.