1. What is the purpose of an immigrant (SB-1. visa?

The purpose of an immigrant (SB-1) visa is to allow individuals who were once lawful permanent residents, but who have lost their status due to certain circumstances, to return to the United States and resume permanent residence. This visa is meant for people who have been outside of the US for more than one year without a reentry permit or who have stayed outside of the US for more than two years after obtaining a reentry permit.

2. Who is eligible for an SB-1 visa?

An SB-1 visa is available to certain individuals who have been outside of the U.S. for more than one year and have a re-entry permit (Form I-327) or returning resident visa (SB-1 visa) application approved by a U.S. consulate abroad.

Individuals who may be eligible for an SB-1 visa include:
1. Lawful permanent residents (Green Card holders) who were unable to return to the U.S. due to circumstances beyond their control, such as serious illness, employment with a U.S. firm, or family crisis.
2. Lawful permanent residents whose Green Cards have been lost or stolen while they were outside of the U.S.
3. Children born outside of the U.S. to Green Card holder parents who are considered permanent residents but do not possess a Green Card.
4. Children born in the U.S., but later moved with their parents back to their home country (and thus have no proof of their birthplace).
5. Children adopted by U.S. citizens but were residing abroad before finalizing their adoption.

Note: The SB-1 visa does not apply to individuals who have abandoned their lawful permanent resident status by becoming naturalized citizens of another country or staying outside of the U.S. for more than two years without obtaining a re-entry permit.

Additionally, applicants must be able to demonstrate that they had an intent to return to the U.S. and that it was not willfully abandoned during their time abroad.

It is recommended that potential applicants consult with an immigration attorney or visit the official website of the Department of Homeland Security for more information and guidance on eligibility requirements for an SB-1 visa.

3. What are the requirements for obtaining an SB-1 visa?

To obtain an SB-1 visa, you must meet the following requirements:

1. Demonstrated proof of being a Lawful Permanent Resident (LPR) with a valid Permanent Resident Card (green card).
2. Proof that you departed the United States with the intention of returning within one year.
3. Documentation to show that your extended absence from the US was due to reasons beyond your control and for which you were not responsible.
4. Evidence of continued ties to the US, such as bank accounts, property ownership, employment, or family relationships.
5. A written statement explaining why you were unable to return within one year and why you want to resume permanent residence in the US now.

Additional documentation may be required depending on individual circumstances. It is recommended to consult with an immigration lawyer for assistance with preparing your application.

4. How do I apply for an SB-1 visa?

To apply for an SB-1 visa, follow these steps:

1. Determine your eligibility: You must be a permanent resident of the United States and have remained outside of the country for more than one year due to circumstances beyond your control.

2. Gather required documents: You will need to provide evidence that you were a permanent resident at the time of departure and that you had maintained this status throughout your absence from the US. Additional supporting documents, such as proof of ties to the US and reasons for your extended absence, may also be required.

3. Complete Form DS-117: This is the application form for returning resident status and can be found on the website of the US Embassy or Consulate in your current country of residence.

4. Pay fees: There is a processing fee for an SB-1 visa application, which must be paid at the time of submission.

5. Schedule an interview: Once your application has been submitted, you will need to schedule an interview with a consular officer at the nearest US Embassy or Consulate in your current country of residence.

6. Attend your appointment: Make sure to bring all required documents and evidence to support your application to your interview appointment.

7. Wait for a decision: After your interview, you will receive a decision on whether or not you are eligible for an SB-1 visa. If approved, you will be issued a Special Immigrant Visa which you can use to travel back to the US.

8. Plan your trip back to the US: Once you have received your SB-1 visa, you will need to plan for your trip back to the United States within 6 months.

9. Present evidence at port of entry: Upon arrival in the US, you will need to present evidence that you intend to make it your permanent residence once again.

Note: It is important to keep in mind that obtaining an SB-1 visa does not guarantee admission into the US. The final decision on entry is made by the U.S. Customs and Border Protection officer at the port of entry.

5. Is there a limit on the number of SB-1 visas issued each year?

There is no specific limit on the number of SB-1 visas that can be issued each year. However, the U.S. Department of State’s annual visa quota limits for certain countries may impact the availability of SB-1 visas for individuals from those countries. Additionally, consular offices may have their own internal limits on the number of SB-1 visas they can issue in a given year.

6. Can I work with an SB-1 visa?

No, an SB-1 visa is not a work visa. It is a non-immigrant visa used to re-enter the United States after a period of extended travel or residency outside of the country. It does not grant employment authorization. If you wish to work in the United States, you will need to obtain a different type of visa, such as an H-1B or L-1.

7. Can I bring my family members with me on an SB-1 visa?

Yes, spouses and unmarried children under the age of 21 can accompany or join an alien who is returning to the US on an SB-1 visa. They must apply for derivative status based on the principal alien’s SB-1 visa.

8. How long does it take to process an SB-1 visa application?

The processing time for an SB-1 visa application can vary depending on individual circumstances and the workload of the consulate or embassy where it is being processed. On average, it can take anywhere from 6 to 12 months for the application to be processed and approved. However, this timeframe can be longer if additional documentation or administrative processing is required. It is important to submit the application as soon as possible to allow for enough time for processing before any planned travel.

9. Is there a fee to apply for an SB-1 visa?

Yes, there is a fee associated with the SB-1 visa application. As of 2020, the fee is $205 USD. However, this fee may change over time so it is important to check the official website of the United States Department of State for updated information. Additionally, there may be additional fees for processing and administrative costs.

10. Will I be interviewed during the application process for an SB-1 visa?

Yes, applicants for an SB-1 visa may be interviewed as part of the application process. The interviewing officer will ask questions to determine if you meet the criteria for an SB-1 visa, such as whether you had a good faith intention to maintain permanent residence in the U.S. and whether any circumstances beyond your control caused your extended stay outside of the country. You may also be asked to provide evidence supporting your case.

11. Can I travel in and out of the United States with my SB-1 visa?

Yes, you can use your SB-1 visa to travel in and out of the United States. However, keep in mind that the purpose of the SB-1 visa is to allow returning permanent residents who have been outside of the United States for more than one year to be readmitted as permanent residents. Therefore, it is recommended to limit your stays outside of the United States after obtaining the SB-1 visa.

12. What if my green card expired while I was outside of the US as a legal permanent resident?

If your green card expired while you were outside of the US, it is important to renew it as soon as possible upon your return to the US. As a permanent resident, you are required to have a valid, unexpired green card at all times. If your green card expires while you are outside of the US, you may encounter difficulties re-entering the country or proving your legal status. Additionally, if you are outside of the US for more than 1 year without a valid re-entry permit, your green card can be considered abandoned and you may lose your permanent resident status.

To renew your green card after it has expired while outside of the US, you must submit Form I-90, Application to Replace Permanent Resident Card. In addition to the application fee and supporting documentation, you will also need to provide an explanation for why you were unable to renew your green card before its expiration date and proof of continuous residence and physical presence in the US during your absence.

It is important to note that if your green card has been expired for more than 1 year at the time of your return to the US, you may be subject to additional requirements and may need to apply for a returning resident visa. It is always recommended to maintain a valid and current green card while traveling outside of the US as a permanent resident.

13. What happens if my application for an immigrant (SB- _. is denied?

ANSWER: If your immigrant visa application is denied, the consular officer will inform you of the reason for the denial. Depending on the reason for the denial, you may have the option to reapply in the future or appeal the decision. It is important to carefully review and address any issues that led to the initial denial before reapplying or filing an appeal.

14. Do I need a sponsor or affidavit of support for my SB-1 visa application?

No, a sponsor or affidavit of support is not necessary for an SB-1 visa application. However, if you are unable to demonstrate sufficient financial support during your absence from the US, this may affect your eligibility for the visa. It is recommended that you provide proof of your own income and employment status to show that you are able to support yourself upon returning to the US.

15. What documents do I need to provide for my SB-1 visa application?

To apply for a SB-1 visa, you will need to provide the following documents:

1. Completed Form DS-117: This is the application for a Special Immigrant Visa.

2. Your original green card or reentry permit: You must have had a valid green card or reentry permit when you left the United States.

3. Evidence of your ties to the United States: This can include proof of family ties, property ownership, bank accounts, employment, and other strong connections to the United States.

4. Proof of intent to return before leaving the US: This can include copies of tickets or itineraries showing your planned return date to the US.

5. Police certificate(s): If you have lived in another country for more than six months since obtaining your green card, you will need to provide a police certificate from that country.

6. Medical examination results: You will need to undergo a medical examination by a designated physician and bring the results with you to your interview.

7. Two photographs: You will need two recent 2×2 inch photos in color with a white background.

8. Passport: You must have a valid passport that does not expire within six months of your intended travel date.

Note that these are general requirements, and additional documents may be requested depending on your individual circumstances. It is best to consult with an immigration attorney or review the specific requirements on the website of the U.S. embassy or consulate where you plan to apply for your SB-1 visa.

16. Is there a minimum income requirement to qualify for an immigrant (SB-visa?

Yes, there is a minimum income requirement for sponsoring a family member for an SB-1 immigrant visa. The sponsor must show proof of income, assets, or employment that meet or exceed 125% of the U.S. poverty guidelines for their household size. This requirement may vary depending on the number and type of family members being sponsored.

17. Can I apply for an immigrant (SB-visa while in the United States on a temporary nonimmigrant status?

Yes, you can apply for an immigrant visa (SB-visa) while in the United States on a temporary nonimmigrant status. However, your application may be subject to certain restrictions and requirements depending on your specific situation. It is recommended that you consult with an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) for more information and guidance on the application process.

18.And what about my taxes? Is that important when applying for SB _visa ?

Yes, your taxes are an important factor when applying for a SB visa. You may be required to provide evidence of your income and tax returns to show that you have the financial stability to support yourself while living in the country. Additionally, some countries have specific requirements or restrictions based on your tax history, so it is important to have all of your tax information in order before applying for a SB visa.

19.Is it possible to change status from another type of nonimmigrant status to the immigrant (SB-visa category?

A: Yes, it is possible to change status from another type of nonimmigrant status to the SB-visa immigrant category. However, this process may be limited and certain conditions must be met. It is recommended to consult with a qualified immigration attorney for specific guidance on changing your immigration status.

20.What are some common reasons that cause individuals to be ineligible for an immigrant (SB-visa?

1. Criminal history: If an individual has a criminal record or has committed certain types of crimes, they may be ineligible for an immigrant visa.

2. Health issues: Some health conditions can render an individual ineligible for an immigrant visa, such as communicable diseases that could pose a public health risk.

3. Immigration violations: If an individual has previously violated immigration laws or was deported from the U.S., they may be barred from obtaining an immigrant visa.

4. Security concerns: Individuals who are deemed to pose a threat to national security, have ties to terrorism, or have engaged in espionage activities may be denied an immigrant visa.

5. Inadmissibility grounds: There are various grounds of inadmissibility outlined by U.S. immigration law, including prior removals, previous immigration violations, and unlawful presence in the U.S.

6. Public charge: Immigrants who are deemed likely to become dependent on government assistance may be denied an immigrant visa on the basis of being a public charge.

7. Age requirements: Some categories of immigrants have specific age requirements that must be met in order to qualify for an immigrant visa.

8. Lack of financial support: An individual must demonstrate that they will not become reliant on government assistance and have enough financial resources to support themselves in the U.S.

9. Failure to meet education/work experience requirements: Certain categories of immigrants require specific levels of education or work experience to qualify for an immigrant visa.

10. Family relationship requirements: Some family-based immigration categories require individuals to have a qualifying family relationship with a U.S. citizen or permanent resident sponsor in order to apply for an immigrant visa.