What Happens After SB-1 Visa is Approved
What Happens After SB-1 Visa is Approved- The SB-1 Returning Resident Visa is a type of visa that allows lawful permanent residents of the United States who have been outside the country for an extended period to return to the U.S. as residents. To qualify, you generally need to show that you had a legitimate reason for your prolonged absence and that you intended to return to the U.S. but encountered circumstances beyond your control.
How to Apply for a Returning Resident Visa (SB-1)
To apply for a Returning Resident Visa (SB-1), follow these steps:
1. Determine Eligibility:
Make sure you meet the qualifications for the SB-1 visa, including having lawful permanent resident status, encountering unforeseen circumstances that prevented your return, maintaining ties to the U.S., and demonstrating intent to return.
2. Complete Form DS-117:
Fill out Form DS-117, “Application to Determine Returning Resident Status.” You can download this form from the official U.S. Department of State website.
3. Gather Supporting Documents:
Collect documents that support your eligibility, such as evidence of ties to the U.S., reasons for your prolonged absence, and any other relevant information. This may include proof of family connections, employment, financial ties, etc.
4. Pay the Application Fee:
Check the current fee amount and payment methods on the U.S. Department of State website. Ensure you include the payment receipt with your application.
5. Submit the Application:
Submit your completed Form DS-117, supporting documents, and payment receipt to the U.S. embassy or consulate in the country where you currently reside. You may need to schedule an appointment in advance. Submit copies of the below documents to the Immigrant Visa Unit in Bangkok via email at ivschedulingbangkok@state.gov – Fully-filled Form DS-117, application to Determine Returning Resident Status, your USCIS document (I-551 or I-327), and to ur passport
6. Attend an Interview:
If required, attend an interview at the U.S. embassy or consulate. During the interview, be prepared to discuss the reasons for your prolonged absence and provide evidence of your intent to maintain permanent residence in the U.S. All Returning Resident Applicants are expected to make an application payment of $180.00 to the consular cashier on their 1st interview date.
7. Wait for a Decision:
After submitting your application and attending the interview (if applicable), wait for a decision on your SB-1 visa application. Processing times can vary.
What Happens After the SB-1 Visa is Approved?
1. Receive Your Visa:
Once your SB-1 visa application is approved, you will receive your visa stamped in your passport. This visa allows you to travel to the United States and request admission as a returning resident.
2. Travel to the U.S.:
You can use your approved SB-1 visa to travel to the United States. When you arrive at a U.S. port of entry, present your passport with the SB-1 visa to the U.S. Customs and Border Protection (CBP) officer.
3. Admission Process:
The CBP officer will review your documents, including your SB-1 visa, passport, and any other relevant documentation. Be prepared to answer questions about your absence from the U.S. and your ties to the country.
4. Entry as a Lawful Permanent Resident:
If the CBP officer determines that you meet the eligibility criteria and approves your entry, you will be admitted to the United States as a lawful permanent resident.
5. Welcome Back:
Once admitted, you will be able to return to your residence in the U.S. and resume your life as a permanent resident.
How can one qualify for Returning Resident Status?
To qualify for Returning Resident Status (SB-1 Visa), you typically need to meet the following criteria:
- Lawful Permanent Resident Status: You must have been a lawful permanent resident of the United States before departing.
- Unforeseen Circumstances: You should have left the U.S. with the intention of returning, but encountered circumstances beyond your control that prevented your return within the required time frame.
- Continuous Residence: You need to demonstrate that your absence from the U.S. was temporary and that you maintained close ties to the country during your time abroad.
- Strong Ties to the U.S.: You must show that you have strong family, employment, or other connections to the United States that demonstrate your intention to maintain permanent residence.
- Intent to Return: You need to establish that you always intended to return to the U.S. and that your absence was due to factors beyond your control.
- Application Timing: You should apply for the SB-1 visa as soon as possible after realizing that you won’t be able to return to the U.S. within the required time frame.
What happens if your SB-1 Return Resident Visa application is not approved?
If your SB-1 Returning Resident Visa application is not approved, you will not be granted the visa and will not be able to return to the United States as a lawful permanent resident. The specific outcome and steps you can take will depend on the reasons for the denial. Here’s what you can consider:
1. Review the Denial Notice:
If your application is denied, the U.S. embassy or consulate will provide you with a written explanation of the reasons for the denial. Carefully review this notice to understand the specific issues that led to the denial.
2. Reevaluate Qualifications and Eligibility:
Compare the reasons for denial with the eligibility requirements for the SB-1 visa. Determine whether you can address the concerns raised in the denial notice.
3. Reapply:
In some cases, you may be able to reapply for the SB-1 visa after addressing the issues that led to the denial. This could involve providing additional evidence, clarifying certain aspects of your application, or demonstrating stronger ties to the U.S.
4. Consult an Attorney:
If your application was denied and you’re unsure how to proceed, it’s a good idea to consult an immigration attorney. They can provide guidance on the best course of action based on the specific circumstances of your case.
5. Consider Other Options:
Suppose your SB-1 visa application is repeatedly denied and you still wish to return to the U.S.. In that case, you might explore other immigration options, such as family-sponsored visas or employment-based visas. An immigration attorney can help you explore alternative routes to achieve your goals.
8. Appeal:
Depending on the circumstances, you might have the option to appeal the denial. This would involve submitting an appeal to the appropriate authority and providing additional evidence to support your case.
Conclusion
Once your SB-1 Returning Resident Visa is approved, you’ll receive the visa in your passport. Using this visa, you can travel back to the U.S. At the port of entry, present your passport and visa to the CBP officer, who will determine your eligibility for admission as a lawful permanent resident. If admitted, you can resume your life in the U.S. as a permanent resident. Remember that you must keep your documents safe and be prepared to answer questions about your absence and ties to the country during the entry process.
