A lawful permanent resident (LPR) who has remained outside the United States for more than one year—or beyond the validity period of a Re-entry Permit—must obtain a new immigrant visa to reenter the U.S. and resume permanent residency.
However, U.S. immigration law provides a pathway for certain individuals in this situation through the Returning Resident (SB-1) immigrant visa. This visa is intended for LPRs who were unable to return to the U.S. due to circumstances beyond their control.
Eligibility for a Returning Resident (SB-1) Visa
If you are a lawful permanent resident who was unable to return to the United States within:
- One year of your last departure (i.e., the validity of your green card), or
- The validity period of your Re-entry Permit (typically two years),
you may qualify for a Returning Resident (SB-1) visa and can apply at the nearest U.S. Embassy or Consulate.
You must demonstrate the following to the Consular Officer:
- Lawful Permanent Resident Status: You held LPR status at the time of departure from the United States.
- Intent to Return: You departed with the intention of returning and did not abandon that intention.
- Temporary Nature of Stay: You are returning from what was intended to be a temporary visit abroad, and your prolonged stay was due to reasons beyond your control and not your fault.
Required Supporting Documentation
You will need to provide evidence to support your claim, including but not limited to:
- Travel History: Documents showing dates of travel outside the United States (e.g., airline tickets, passport stamps).
- Ties to the United States: Proof of ongoing ties and intent to return (e.g., U.S. tax returns, employment records, family or property connections).
- Reason for Extended Stay: Evidence that your inability to return was due to circumstances beyond your control (e.g., medical documentation, employment with a U.S. company overseas, or other compelling reasons).
Application Review
A consular officer will evaluate your application and the submitted documentation to determine if you meet the criteria for Returning Resident (SB-1) status. If you qualify, you must still be eligible for an immigrant visa in all other respects before the SB-1 visa can be issued.
Revision Date: March 2025.