The SB-1 visa (Return Resident Visa) is a special immigrant visa that allows Green Card holders to return to the United States after an extended stay outside the country. According to the rules, a Green Card holder may be considered to have abandoned their permanent resident status if they remain outside the U.S. for more than one year without having obtained prior approval for an extended absence (Re-entry Permit). The SB-1 visa gives these holders the opportunity to regain their residency in the U.S.
To qualify for the SB-1 visa, the applicant must prove that the extended absence from the U.S. was due to extraordinary circumstances and not personal choice or negligence. The applicant must provide evidence for reasons such as serious illness, urgent family matters, or professional obligations that required them to stay outside the country for a prolonged period. Additionally, the applicant must demonstrate their intention to return permanently to the U.S. and maintain their permanent residence.
The SB-1 visa application process includes an interview at the U.S. embassy or consulate and submission of all required documents that substantiate the reasons for the prolonged absence and the ongoing intention to reside permanently in the United States. The process can be complex and time-consuming; therefore, it is recommended to consult with an immigration attorney to ensure all requirements are met.