1. What is an SB-1 Visa?

An SB-1 Visa is a type of visa that allows an alien, who is the beneficiary of an approved immigrant visa petition and who meets other eligibility requirements, to reenter the United States after an absence of more than 180 days. This visa is commonly used by foreign nationals who are returning to the United States to resume permanent residence after a prolonged absence.

2. Who is eligible to apply for an SB-1 Visa?

The SB-1 Visa is available to certain foreign nationals who meet the eligibility criteria and can demonstrate that they:

1. Have had a prior lawful permanent residence status in the United States;
2. Are returning to an unrelinquished domicile of seven consecutive years;
3. Qualify under one of the visa categories listed in the Immigration and Nationality Act;
4. Are not otherwise barred from admission to the United States; and
5. Have not abandoned their U.S. residence.

3. What documents do I need to provide in order to apply for an SB-1 Visa?

To apply for an SB-1 Visa, you will need to provide a valid passport, two photographs, a completed Nonimmigrant Visa Application (Form DS-160), confirmation page from the online application, evidence of the necessary qualifications for re-entry into the United States, evidence of your intent to depart the United States upon expiration of your visa, and payment of the nonrefundable application fee. Additionally, you may need to provide additional documents such as proof of past employment or professional qualifications.

4. How long does the process of obtaining an SB-1 Visa take?

The processing time for an SB-1 Visa can vary depending on a variety of factors. Generally, processing takes anywhere from 6-8 months. Additionally, the USCIS may require additional time to review any special evidence or documents submitted with your application.

5. What is the cost associated with applying for an SB-1 Visa?

The cost associated with applying for an SB-1 Visa is a non-refundable application fee of $380.

6. Is there a limit on how long an SB-1 Visa holder can stay in the US?

Yes, SB-1 visa holders may remain in the US for up to 12 months. The visa holder must depart the US before the 12 months expires or apply for an extension of stay. However, extensions of stay are granted only in exceptional circumstances.

7. What type of travel is permitted with an SB-1 Visa?

An SB-1 Visa allows for “Returning Resident” travel, meaning that it is issued to a U.S. lawful permanent resident who has been absent from the United States for more than one year and is seeking to return to the United States to resume permanent residence.

8. Are there any restrictions on employment with an SB-1 Visa?

Yes, there are restrictions on employment with an SB-1 visa. The primary cardholder must be the sole beneficiary of the employment, and any wages earned must be used exclusively to support themselves and their dependents. Additionally, individuals with an SB-1 visa may not be employed in any occupation that requires a license or certificate from a U.S. state or local government.

9. Can the spouse and children of an SB-1 Visa holder also get visas?

Yes. Immediate family members, such as a spouse and unmarried children under 21 years of age, of an SB-1 Visa holder may be eligible for the same type of nonimmigrant visa, provided that they meet the requirements of the law.

10. Is it possible to apply for permanent residency after being granted an SB-1 Visa?

No, it is not possible to apply for permanent residency after being granted an SB-1 Visa. The purpose of the SB-1 Visa is to provide temporary entry into the United States for individuals who have previously been lawfully admitted as permanent residents. This visa does not provide a path to permanent residency.

11. Are there any special requirements for renewing an SB-1 Visa?

Yes, there are specific requirements for renewing an SB-1 visa. The applicant must demonstrate that he or she has maintained and intends to continue to maintain a residence abroad, that he or she intends to depart from the United States upon the termination of the visa period, and that he or she has not abandoned his or her foreign residence. Additionally, the applicant must provide documentation to demonstrate that he or she has sufficient funds to support himself or herself and any dependents during the period of stay in the United States. Finally, any changes in the applicant’s circumstances since the original visa issuance must be reported to U.S. Citizenship and Immigration Services.

12. Are there any circumstances in which an SB-1 Visa holder can be denied entry into the US?

Yes, an SB-1 Visa holder can be denied entry into the US if they do not meet the eligibility requirements outlined in the visa application process, or if they pose a security risk to the United States. Additionally, if the applicant has a criminal record or committed fraud in the past, they may be denied entry.

13. Is the issuance of an SB-1 Visa subject to any security or background checks?

Yes, the issuance of an SB-1 visa is subject to security and background checks. The US Department of State conducts a thorough review of the applicant’s background and other documents to ensure the individual meets all eligibility requirements for the visa.

14. Are there any exemptions from the medical examination requirement for obtaining the SB-1 Visa?

Yes, there are a few exemptions from the medical examination requirement for obtaining the SB-1 visa. Generally, these are limited to cases in which the applicant:

1. Is a returning resident;
2. Is traveling for urgent humanitarian reasons;
3. Is traveling for medical reasons;
4. Is a child who is under the age of 15;
5. Is a student under 18 years of age or;
6. Is an employee of certain international organizations.

15. How does the Department of Homeland Security monitor and enforce compliance of SB-1 Visa holders?

The Department of Homeland Security (DHS) monitors and enforces compliance of SB-1 visa holders through a number of methods. These methods include regularly checking in with visa holders to verify status and location, conducting inspections, and taking action against any misconduct. DHS also works with employers to help ensure that visa holders are following all regulations and laws. Additionally, visa holders may be subject to detention and/or deportation if they are found to be in violation of the terms or conditions of their visas.

16. Is it possible to change status from an SB-1 Visa to another visa category while in the US?

Yes, it is possible to change status from an SB-1 visa to another visa category while in the US. The process involves filing a Form I-539, Application to Change/Extend Nonimmigrant Status, with the US Citizenship and Immigration Services (USCIS). USCIS will review the application and determine whether the applicant qualifies for the new visa category.

17. Can a person with an SB-1 Visa travel outside of the US and return without losing their status or having to reapply for a new visa?

Yes, a person with an SB-1 visa can travel outside of the US and return without losing their status or having to reapply for a new visa. However, they must obtain an SB-1 Reentry Permit from the U.S. Department of State prior to leaving the country. The permit will allow them to stay outside of the US for up to two years without losing their visa status.

18. How does a person with an SB-1 Visa become a United States citizen?

A person with an SB-1 Visa is eligible to apply for U.S. citizenship through the naturalization process. To become a citizen, the applicant must have had a legal permanent resident status for five years, must be able to demonstrate good moral character, must pass the English and Civics tests, and must take the Oath of Allegiance to the United States.

19. Are there any special tax obligations for people with an SB-1 Visa?

Yes, there are special tax filing requirements for people with an SB-1 visa. These individuals are classified as a “non-resident alien” by the Internal Revenue Service (IRS). As such, they are required to file a Form 1040NR and any other forms required by the IRS. Additionally, they may be subject to different tax rates and withholding requirements than those applicable to US citizens.

20. What happens if I do not comply with the conditions of my SB-1 Visa while in the US?

If you do not comply with the conditions of your SB-1 visa while in the US, you may be subject to removal or deportation from the US. You could also be barred from re-entering the US. It is important to remain in compliance with the terms of your visa to ensure your stay in the US is legal and without complications.