What if my SB-1 visa is denied?
Normally, people who are denied the SB-1 visa because they stayed out of the US for too long reapply for a new visa based on the same category for which they were originally approved for an immigrant visa. If your SB-1 application is denied, you may be given additional time to submit missing documents.
How to get a permanent resident card?
Apply for a Green Card
- Find out if you're eligible.
- If you are eligible, file Form I-485 - Application to Register Permanent Residence or Adjust Status with USCIS, including all supporting documents and fees.
- USCIS will review your application and schedule an interview with you.
- Once issued, your Green Card will be valid for 10 years.
What is a 10 year green card?
The Ten (10) Year Green Card If you are originally given the two-year conditional resident card and then successfully win your case for removal of that condition you will be issued the regular 10-year green card. Most people do not however have to go through that second step of removing a condition.
How do you replace a permanent resident card?
- Properly file the Application to Replace Permanent Resident Card ( Form I-90 );
- Establish identity;
- Establish LPR or conditional permanent resident (CPR) [1] status; and
- Otherwise meet the eligibility requirements to receive a replacement PRC.
How does SB-1 visa work?
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.
How long is an SB-1 visa valid for?
The Green Cards are valid for one year, so you must return from your travels to the US within that period of time. If you know that you will be staying abroad for more than one year, you must apply for a Re-entry Permit to the US Citizenship and Immigration Services (USCIS).
What happens after you get SB-1 visa?
An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees.
How long does it take to get an SB1 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.
Who qualifies for an SB1 visa?
Permanent resident aliens, who were unable to return to the United States for reasons beyond their control within the travel validity period of the Permanent Resident Card (Green Card), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB1) visa.
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.
Can I stay in U.S. while waiting for green card?
Some people can stay in the U.S. for the entire period of applying for a U.S. green card. Others must leave the U.S., either while they wait for a visa to become available (which can take years in some cases) or in order to attend their immigrant visa interview, which is the last major step in the immigration process.
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.
Can I stay on green card forever?
Although some Permanent Resident Cards, commonly known as Green Cards, contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date.
How much does a returning resident visa cost?
$205The application fee for a returning resident visa is $205. There are also additional costs from the required medical examination and processing fees. Any translating services you require will also incur charges. You can pay the amount via cash, credit card, and other recognized payment methods.
Can I re apply for green card after abandonment?
Reinstating Your Green Card Back After Abandonment If your SB-1 application is approved, the consulate officer will issue you a new I-551, which will enable you to travel back to the U.S. without having to file a new green card petition.
What is the SB-1 visa?
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 U.S within one or two years and lost their immigration status.
What are the requirements for the SB-1 visa?
In order to be allowed to apply and get this visa, these are the conditions that you must fulfill. You must prove that:
How to apply for the SB-1 visa?
Since you have had an immigrant visa before, you will not need to have an employee or family member issue a petition, but will only go through the U.S Embassy where you are currently located .
How long is the SB-1 visa processing time?
The SB-1 visa processing time depends on the workload of the U.S Embassy where you are applying from. In general however, it take 3 to 6 months 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?
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.
Why is SB-1 visa beneficial?
The SB-1 visa is beneficial because instead of applying for the immigrant visa status from the beginning, the applicant only applies for it as a regular visa. This means that the procedures of petitioning to USCIS or the Department of State or Homeland Security are eliminated and the waiting and processing times are shorter.
What is DS 260?
Submit Form DS-260, Immigrant Visa and Alien Registration Application which you have filed before during your initial immigrant visa application.
What Is An SB-1 Visa?
People categorized as lawful permanent residents in the United States are advised not to go out of the country for more than 12 months at any time. Doing so would result in their permanent residency being revoked.
Who Needs A Returning Resident Visa?
Only a select group of immigrants that have stayed beyond two years away from the united states at a stretch have any chance of applying for a returning resident visa. The qualifications for the same are as follows:
How To Apply For An SB-1 Visa
Application for the returning resident visa or the SB-1 visa is almost the same as any other immigrant visa you could apply for.
Documents Required To Apply For A Returning Resident Visa
The following documents are needed for all applicants that are willing to apply for a returning resident visa:
SB-1 Visa Appointment And Interview
Once you have completed the submission of the above documents, you are required to book an appointment to this effect so that a consulate officer can determine the status of your SB-1 Visa application. Usually, you will have to go to your consulate’s website and book your appointment date and time once you have submitted your documents.
Final Thoughts
The SB-1 visa is for those permanent residents that have been away from the United States of America for more than two years at a stretch due to reasons beyond their control. Upon being granted this visa, one can return to the United States and continue their permanent residency from then on.
What is SB-1 visa?
If you are approved for Returning Resident (SB-1) status, the U.S. Embassy will provide you with specific instructions for the remainder of the processing for your SB-1 visa. Like other immigrant visas, you are required to meet all other documentary and legal requirements here to be issued an SB-1 visa.
Who will review all submitted documents, conduct an interview, and determine your eligibility for an SB-1 visa?
A consular officer will review all the submitted documents, conduct an interview, and determine your eligibility for an SB-1 visa.
Can you appeal a SB-1 visa?
If the consular officer has determined that you are not eligible for an SB-1 visa, this decision will not be reviewed or reconsidered. There is no appeal process.
What are the requirements to get a SB-1 visa?
There are certain criteria in order for a person to be able to apply for the SB-1 visa. There are conditions that need to be fulfilled. You have to prove that: You were a lawful permanent resident with legal status in the U.S before you leave for your trip.
Who doesn't need a SB-1 visa?
With some exceptions, there are those who don’t need to apply for the SB-1 visa, they are as follows: The Spouse and children of a member of the U.S Armed Forces. The Civilian employees of the U.S government who are stationed abroad.
What is DS 260?
Submit the Form DS-260, or the Immigrant Visa and Alien Registration Application which you filed before during your initial immigrant visa application.
Who decides if you qualify for SB-1?
Generally, it is the U.S Embassy who decides your eligibility for the SB-1 visa based on the documents and evidence you submit to them. For an instance, they decide that you do not qualify for the U.S.A. visa they will notify you to either submit additional documents or that you simply cannot get a returning resident visa and that you got denied.
Do you have to pay for a visa application?
The fees must be paid in order for your application to be processed and get validated. If you just submit the application without paying the required fees, it will not be taken into consideration by the U.S Embassy.
What is required for a SB-1 visa?
You will need to be interviewed for both your application for returning resident status, and usually later for the immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees.
How far in advance do you need to apply for a returning resident visa?
Embassy or Consulate in advance of your intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.
What happens if your SB-1 Return Resident Visa application is not approved?
Normally, people who are denied the SB-1 visa because they stayed out of the US for too long reapply for a new visa based on the same category for which they were originally approved for an immigrant visa.
What happens if you try to reenter the US without the SB-1 Return Resident Visa?
If you try to reenter the US without your SBI- Returning Resident Visa, then the US Customs and Border Protection (CBP), has discretion whether to admit you or whether to deem that you have abandoned your permanent resident status.
What is a returning resident visa?
Many permanent residents and conditional residents leave America for a variety of reasons. Common reasons include work, spending time with relatives, and vacations. These permanent residents (LPRs) and conditional residents (CR) need to be careful how long they stay outside the United States.
How long does it take to get a return resident visa?
How long does it take to get a returning resident visa? To apply for the Returning Resident Visa (SB-1) visa, you’ll need to contact your nearest US embassy or consulate – at least three months in advance – if possible. You’ll normally need three months’ time to process the visa.
What is the DS-260 form?
In addition to the interview, applicants need to submit DS-260 which authorizes the medical examination. This form is completed online. The physicians will check your health and your vaccination status.
What is the form for a permanent resident card?
Your permanent resident card. Form I-551.
How long can you stay outside the US with a green card?
Generally, if you re-entry permits permit people with green cards (LPR status) to stay outside American for up to two years.
Dyan Williams
How long does this process take? -- about 1-6 months. Also, are they going to issue a new green card for him? -- the Consul doesn't issue the cards. He'll be given instructions when he gets the visa...
F. J. Capriotti III
He has to "re-immigrate" - he is taking the medical to show that he is still admissible Now you have survived the worst part - very few get SB-1 approval - and it won't be long.
Andrew John Bartlett
You come here, resume your status and file I90 if you do not have the card or it expired. The timing depends on many factors and cannot be assessed on these facts.
