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U.S.Immigration Attorney

Being a Lawful Permanent Resident, what to do if you are stuck outside the US for more than 12 months and do not have a re-entry permit?

During this COVID-19 Pandemic, many Green Card holders got stuck in their home country for more than 12 months and are now not permitted to enter the US without a valid re-entry permit, so what are the options for them in order to get entry. Well, the Answer to this is Returning Resident Visa.

As a Lawful Permanent Resident, you are allowed to travel abroad, but you are expected to return to the U.S. within one year; otherwise, you will lose your permanent status.

Today in this article, we will talk about Returning Resident Visa, also known as SB1. This Returning Resident Visa is a hot subject nowadays after the COVID-19 Pandemic. We have received so many quires online through our Facebook Business Page (https://www.facebook.com/f4indiaconsultants), Facebook Group (https://www.facebook.com/groups/F4IndiaConsultants), Website (www.greencardpetitions.com), and direct emails. Green Card holders who entered their home country to spend six months got stuck here and crossed the 12 months period outside the US, making them ineligible to return to the US without a re-entry permit.

A green Cardholder, also known as a lawful permanent resident or LPR, must return to the United States within one year of departure to maintain their permanent resident status.

So those who have been outside the United States for more than a year and do not have a re-entry permit need to get a new immigrant visa to enter the United States and resume permanent residence, and the procedure starts with approval for Returning Resident Visa, SB1. SB1 will be approved only if there are extenuating circumstances that prevented the applicant from returning to the United States and prove that there was the circumstance beyond the applicant’s control.

Do you need a Lawyer to apply for your SB1 Visa?

SB1 or Returning Resident Visa is the most complex visa; going back to the U.S. after two years of absence does not automatically make you qualify for an SB-1 Visa. There are many additional conditions to fulfil, in order to get your status as a Returning Resident.

Proving your intention to re-enter the U.S. permanently depends on your application, evidence, and reasoning. All these need to be presented effectively as this may be your last chance to regain your LPR Status. Hiring an attorney for your SB1 Case will make your preparation strong and good chances to have your Returning Resident visa approved.

Only an Experienced Attorney knows how to prepare your case with high chances to win.

Documents checklist for the SB1 Returning Resident Visa?

To support your application, you need to submit the following evidence:

1. Evidence of your last trip outside the U.S. (such as airline tickets or stamps on your passport);

2. Proof of your permanent status in the U.S.

3. Proof of your intention to go back to the US permanently.

4. Valid evidence of the reasons why you were not able to re-enter the country before.

As a part of your application, you must also include the following:

1. A completed Application to Determine Returning Resident Status, Form DS-117

2. Your Permanent Resident Card, Form I-551

3. Your Re-entry Permit, if available

For More Information get in touch today with our team of F4 India immigration lawyers. You can call us or write us at info@f4india.com.