Returning Resident Visas
Suppose you are a permanent or conditional resident who has remained outside the United States for longer than a year (or beyond the period your Re-Entry permit is valid for). In a situation like this, you may need a new immigrant visa issued that allows you to enter the U.S. and resume your residence.
If you need help securing your returning resident visa, book a virtual consultation with Martinez Immigration today.
What Is a Returning Resident Visa?
A Returning Resident (SB-1) immigrant visa is designed for lawful permanent residents and conditional residents who must have their entry into the United States re-approved after being out of the country for more than one year. This visa eliminates the need for a petition for a new immigrant visa with the Department of Homeland Security.
How to Apply for a Returning Resident Visa
The lawful permanent resident must apply at their closest embassy or consulate to obtain an SB-1 visa. If available, they must complete Form DS-117, the Application to Determine Returning Resident Status and present their Permanent Resident Card (form I-1551) and Re-Entry permit.
They also need supporting documents that show the following:
- Dates of travel outside of the United States
- Proof of ties to the United States and intent to return
- Proof that the protracted stay outside of the United States was for reasons beyond that person’s control
If you need help securing your returning resident visa, book a virtual consultation with Martinez Immigration today.
What Happens If I Get a Denial?
You may file an appeal if you receive a denial for your U.S. returning resident visa. An experienced immigration lawyer can review the evidence and create a compelling appeal on your behalf.
If an appeal is unsuccessful, you may apply for a nonimmigrant visa instead, but you must qualify for that separately. Hire an experienced immigration lawyer who knows how to navigate the U.S. immigration system and maximize your chances of success.
Common Pitfalls to Avoid During the Application Process
In our experience, denials most commonly result from failure to provide enough evidence to justify your return. Here are some of the many pitfalls our immigration law services can steer you away from:
If an appeal is unsuccessful, you may apply for a nonimmigrant visa instead, but you must qualify for that separately. Hire an experienced immigration lawyer who knows how to navigate the U.S. immigration system and maximize your chances of success.
- Neglecting to provide adequate proof of your U.S. ties
- Not providing sufficient documentation proving the reasons for your extended absence from the United States
- Failing to disclose past criminal convictions or other immigration issues that could be grounds for denial
- Failing to ensure the information in the documents matches official records, such as the exact dates or a name change
- Failing to use country-specific checklists
- Failing to get bank statements attested
If you need help securing your returning resident visa, book a virtual consultation with Martinez Immigration today.
How a Returning Resident Visa Lawyer Can Help You Navigate the Immigration Process
This process can be complex and challenging, and the requirements can change with little notice. Book a virtual consultation with Martinez Immigration to improve your chances of obtaining your SB-1 Visa. We serve clients in Texas, California, and Florida.
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