An SB-1 visa lawyer assists clients in proving their continued intention to live in the U.S., navigating consular processing, and preparing documentation to persuade U.S. immigration officials that they should be readmitted as a permanent resident.
What is an SB-1 Visa?
The SB-1 Visa, also known as the Returning Resident Visa, is a special immigrant visa designed for LPRs who stayed outside the United States for more than 12 months (or beyond the validity of a re-entry permit) due to circumstances beyond their control. Without this visa, returning to the U.S. would require starting the immigration process from scratch.
The SB-1 Visa allows former green card holders to reestablish their permanent resident status and return to the U.S. without applying for a new immigrant visa.
Who Needs an SB-1 Visa?
You may need an SB-1 visa if:
You are a green card holder who stayed outside the U.S. for more than one year continuously.
You did not obtain a reentry permit before leaving or your reentry permit expired.
You can prove your trip abroad was temporary and unintentional in its extended length.
Your stay abroad was due to reasons beyond your control, such as medical emergencies, employment issues, or travel restrictions.
An SB-1 Visa Lawyer helps gather the necessary documentation and legal arguments to demonstrate that your prolonged stay was unavoidable and that you maintained ties to the U.S.
Why Hire an SB-1 Visa Lawyer?
Applying for an SB-1 visa involves complex documentation and strict standards. Denials are common when the application lacks sufficient evidence. An experienced SB-1 Visa Lawyer can:
✅ Evaluate Your Eligibility
The lawyer assesses whether your case meets the requirements for an SB-1 visa and helps determine the likelihood of success.
✅ Prepare Supporting Evidence
An SB-1 visa application must be backed by solid proof of intent to return to the U.S. Your lawyer will help collect and organize documents such as tax filings, proof of U.S. family ties, property ownership, and more.
✅ Draft a Legal Brief
The lawyer can prepare a persuasive legal statement explaining the compelling reasons behind your extended stay abroad.
✅ Liaise with U.S. Consulate
They assist with completing the Form DS-117 (Application to Determine Returning Resident Status), scheduling interviews, and communicating with the consulate on your behalf.
✅ Handle Complexities
If your case involves complications—such as expired green cards, prior immigration violations, or dual intent—the lawyer will help you address these issues effectively.
The SB-1 Visa Application Process
Here’s a step-by-step overview of the SB-1 visa process, typically handled by an SB-1 visa lawyer:
1. Initial Consultation
The lawyer will evaluate your case to determine eligibility and advise on the strength of your application.
2. Gathering Documentation
You will need to collect documents that show:
Lawful permanent resident status (green card)
Proof of departure and attempted return
Reasons for extended stay (e.g., medical records, employment termination, travel bans)
Continued U.S. ties (tax returns, home ownership, bank accounts, family presence)
3. Filing Form DS-117
This form is submitted to the U.S. embassy or consulate in your country. It includes personal details and an explanation of your situation.
4. Consular Interview
You will be required to attend an interview where a consular officer will assess your eligibility. A well-prepared lawyer will coach you for this interview and ensure your case is presented clearly.
5. Medical Examination and Visa Processing
If your SB-1 application is approved, you’ll be asked to complete a medical exam and apply for an immigrant visa. Once issued, you can re-enter the U.S. as a returning resident.
Documents Typically Required
An SB-1 Visa Lawyer will help you collect and organize documents such as:
Green card copy and travel documents
Evidence of permanent ties to the U.S.
Tax returns (showing continued U.S. filing)
Lease agreements or property deeds in the U.S.
Employment records (e.g., job offer letters, termination notices)
Letters from doctors, hospitals, or government authorities explaining the necessity of your stay abroad
Evidence of attempts to return earlier (e.g., canceled flights, visa refusals)
Common Reasons SB-1 Visas Are Denied
The most common reasons for SB-1 denials include:
Lack of compelling evidence for extended stay
Insufficient ties to the U.S.
Prolonged stay that appears intentional
Employment abroad that implies residency in another country
Failure to pay U.S. taxes
An SB-1 visa lawyer helps avoid these pitfalls by building a compelling, well-documented case.
How Much Does an SB-1 Visa Lawyer Cost?
Fees vary based on case complexity, but typical costs include:
Legal fee: $1,500 – $4,000+
U.S. government fees:
Form DS-117: $180 (approx.)
Visa application fee: $205
Medical exam: Varies by country
Always ask for a clear written agreement outlining services and costs.
Frequently Asked Questions
Q: Can I apply for an SB-1 visa without a lawyer?
Yes, but because SB-1 visas are discretionary and heavily document-based, having a skilled lawyer increases your chances of approval.
Q: What happens if my SB-1 visa is denied?
You may be required to reapply for a new immigrant visa, often through family sponsorship. In some cases, legal appeals or waivers may be possible.
Q: How long does the SB-1 process take?
Processing times vary by consulate but typically take 3–6 months, depending on the complexity of your case and document availability.
Q: Can I bring my family members under the SB-1 visa?
The SB-1 visa is for the individual LPR only. Other family members would need to have their own valid status or file separate immigration petitions.
Conclusion
Being stuck outside the United States due to unforeseen circumstances doesn’t have to mean losing your green card. With the help of a skilled SB-1 Visa Lawyer, you can navigate the complex legal process to reestablish your permanent residency and return to your life in the U.S.
From evaluating your case to preparing evidence and representing you at the consulate, an immigration lawyer plays a critical role in achieving a successful outcome. If you’ve been abroad longer than permitted and want to return to the U.S. as a permanent resident, consult an experienced SB-1 visa attorney today.
