ContractsCounsel Logo

SB1 Visa

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 8,717 reviews

Jump to Section

Need help with a SB1 Visa?

Post Project Now

Post Your Project (It's Free)

Get Bids to Compare

 Hire Your Lawyer

The SB1 visa grants returning lawful permanent residents without a re-entry permit the ability to resume residence in the United States of America. An SB1 visa is used mainly when permanent residents live outside the United States. The period specified for the same is more than a year or two. It is also called the green card or the re-entry permit. Let us deeply understand SB1 visas' importance, benefits, procedures, types, eligibility criteria, and key terms.

Steps to Apply for an SB1 Visa

Before sending an application for an official SB1 non-immigrant visa, one must thoroughly understand the set application procedure to avoid delays and rejections. Below are the steps required to apply to acquire an SB1 visa:

  1. File Form DS-117. The first step in the filing process is to complete and submit the Form DS-117. DS-117 Form refers to the application for SB1 status. A consular officer will evaluate it at a U.S. embassy or consulate.
  2. Provide Documents. Along with Form DS-117, other valid documents need to be submitted. These documents include the permanent resident card or the re-entry permit, whichever is applicable. A permanent resident card is filed through Form I-551.
  3. Pay the Visa Fees. The applicant must pay a non-refundable visa fee. The fees are determined by the Department of State fees.
  4. Attend an Interview. Once the application is accepted, the person will be called for an interview. It is the moment to shine and convince the officer of the genuine intent that a person has to return to the U.S.
  5. Wait for Approval. The applicant has to wait for approval and ensure that the case convinces the consular officer. If convinced, the applicant will be granted an SB1 visa. It marks a person’s willingness to return to the U.S.

Key Advantages of Returning with an SB1 Visa

SB1 visa is an opportunity for individuals who aspire to return to the United States to seek better employment prospects or join family members. In addition, this non-native visa remains focused on individuals who were once lawful permanent citizens of the United States. Such residents have abandoned that status and are now willing to return. Let us read more about the importance and benefits of getting an SB1 visa:

  • Lawful Permanent Residency: The SB1 visa restores a resident's legal permanent resident status. The SB1 visa holder can enjoy the benefits of being a permanent resident. With this also comes the responsibilities.
  • Promising Work Opportunities: The SB1 visa applicants get unrestricted access to several benefits in the U.S. when they become legal permanent residents. It includes employment, education, healthcare, and more, opening up countless job opportunities.
  • Reunion with the Closed Ones: An SB1 visa gives the chance to reunite with friends and family staying in the U.S. This helps people who have separated from their loved ones due to the expiration of the return visa.
Meet some lawyers on our platform

Ryenne S.

504 projects on CC
View Profile

Justin K.

32 projects on CC
View Profile

Nicholas M.

23 projects on CC
View Profile

Michael M.

510 projects on CC
View Profile

Eligibility Criteria for Obtaining an SB1 Visa

The SB1 visa is a gem of U.S. immigration law. It is a sign of hope for people with no permanent resident status. Such people have been absent from the U.S. The reasons for the same are not in their control. The SB1 visa is primarily offered to two types of groups:

  • Legal Permanent Citizens: The legal permanent citizens are residents who have been living overseas for an extended duration and want to return to the United States.
  • Conditional Permanent Residents: The conditional permanent residents want to remove their "conditional" status. These people want to become a lawful permanent resident.

Legal Permanent Citizens

It is imperative to remain well-versed with the eligibility criteria for a legal permanent resident. For the same, an applicant must also know the types of cards they may possess. It has the following conditions:

  • Evidence of Intention: The applicants must be able to prove that their absence from the U.S. was temporary. The applicant always intended to maintain their LPR status. A strong intent to return is necessary to strengthen the case, like retaining a U.S. mailing address, paying taxes, or keeping family ties.
  • Continuous Residence: The applicant should show that their stay outside the U.S. was not due to abandonment or extended absence. U.S. immigration authorities will scrutinize the reasons for abandoning permanent residency. The valid reasons may include employment abroad, family obligations, or unforeseen circumstances.
  • Valid Entry Documents: Valid and unexpired LPR entry documents are essential and should be submitted timely. Along with understanding the eligibility criteria for legal permanent residents, it is also essential to understand the two types of validity cards that lawful permanent residents possess. If both cards have expired, the resident cannot re-enter the United States without an SB1 visa.
  • Green Card: A green card refers to a travel card for the residents of the United States. It provides a travel validity period of one year. After this period, the card expired.
  • Reentry Permit: A reentry permit remains applicable for two years and authorizes legal permanent citizens to return to the United States after leaving.

Conditional Permanent Residents

The eligibility criteria for conditional permanent residents are as follows:

  • Fulfillment of Conditions: The SB1 visa applicant must fulfill all the eligibility conditions and further prove that the conditions of their residence were met. Moreover, they must further prove that the reason for their absence was not in their control.
  • Valid Entry Documents: Similar to lawful permanent citizens, valid entry documents are essential for getting an SB1 visa.

Key Terms for SB1 Visas

  • Continuity of Residence: The term “continuity of residence" refers to the requirement that the applicant maintains an essential connection to the United States when staying abroad.
  • Biometrics Appointment: A step in the SB1 application process where applicants provide fingerprints and photographs for identity verification.
  • Visa Interview: A mandatory step where SB1 applicants discuss their circumstances with a consular officer to determine their eligibility.
  • Exceptional Circumstances: Unforeseen and compelling situations that prevented a green card holder from returning to the U.S., as required for SB1 eligibility.
  • Biological or Legal Parentage: Documentation must prove the familial relationship between a green card holder and any dependents seeking SB1 visas.
  • National Visa Center (NVC): The agency responsible for processing immigrant visa applications, including SB1 visa applications.
  • Affirmative Statement of Intent: A written statement in which SB1 visa applicants affirm their intent to return to the U.S. as permanent residents.
  • I-407, Record of Abandonment of Lawful Permanent Resident Status: The form green card holders use to abandon their permanent resident status formally.
  • Public Charge Inadmissibility: A ground of inadmissibility that could bar an SB1 applicant from returning to the U.S. if they are likely to become a public charge upon reentry.

Final Thoughts on SB1 Visas

The SB1 visa is like the secret passage back to an applicant’s home in the United States. Nevertheless, to get this SB1 visa approved and return to their homeland, the applicant must meet the specified eligibility provisions and pay the necessary application fees. The applicant can lawfully re-enter the United States upon getting the necessary permissions and authorizations from the officials. Moreover, obtaining an SB1 visa will also help applicants to get the status of a legal permanent resident. Hence, it might not be wrong to say that the SB1 visa opens up a range of opportunities for applicants who are otherwise unavailable.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our SB1 Visa Lawyers

Damien B. on ContractsCounsel
View Damien
5.0 (3)
Member Since:
October 3, 2023

Damien B.

Managing Attorney
Free Consultation
Forest Hills, New York
22 Yrs Experience
Licensed in NY
Brooklyn Law School

My legal coverage includes Business Law, Commercial Litigation, Appeals and Trusts & Estates. I also handle Trademark applications and issues. I am a designated FINRA (Financial Industry Regulatory Authority) arbitrator. I have done pro bono work in the Federal Court mediation program. I have worked for companies as a legal writer, editor and content provider. I have written legal articles for the New York Law Journal and the New York State Bar Association magazine. I was a guest lecturer at New York University on the First Amendment in the M.S. program of Public Relations and Corporate Communication program for the course Communication Ethics, Law and Regulation (Adjunct Professor Douglas Rozman). I graduated from Harvard University with an MPA, from Brooklyn Law School with a JD where I was a Richardson Merit Scholar; and Carnegie Mellon University with a BS, cum laude, concentrating in Administration and Management Science, Mathematics and Economics.

Elizabeth A. on ContractsCounsel
View Elizabeth
4.7 (1)
Member Since:
October 2, 2023

Elizabeth A.

Free Consultation
Phoenix, Arizona
12 Yrs Experience
Licensed in AZ
Pepperdine University School of Law

I represent business and consumer clients to help them address the range of legal issues that concern them including business contractual disputes, debt litigation, and related matters.

Brittany B. on ContractsCounsel
View Brittany
Member Since:
October 1, 2023

Brittany B.

Free Consultation
Upton, Massachusetts
11 Yrs Experience
Licensed in MA, VT, WI
University of St. Thomas

I am a tax attorney with years of experience as in house counsel at an accounting firm. I have also done tax litigation and audit representation. I work with for profits and non profits.

Lynette P. on ContractsCounsel
View Lynette
Member Since:
October 1, 2023

Lynette P.

Litigation Attorney
Free Consultation
Little Rock, Arkansas
10 Yrs Experience
Licensed in AR, TX
St. Mary's University School of Law

I am licensed in both Texas and Arkansas but actively working in Arkansas. My primary focus is criminal defense, family law, and estate planning (wills and trusts).

Matthew W. on ContractsCounsel
View Matthew
Member Since:
October 2, 2023

Matthew W.

Corporate Lawyer
Free Consultation
15 Yrs Experience
Licensed in TX
University of Texas Law School

I represent startups, investment firms, and individuals frequently with equity and debt financing, M&A transactions, and commercial contracts.

Nicole Y. on ContractsCounsel
View Nicole
Member Since:
October 3, 2023

Nicole Y.

Free Consultation
Miami, FL
2 Yrs Experience
Licensed in FL
St. Thomas University School of Law

Nicole Yñigo is an accomplished attorney with over nine years of experience in the legal field. Raised in Miami, she obtained her education from the School for Advanced Studies, Florida International University, and St. Thomas University School of Law. Nicole is dedicated to helping her clients achieve their legal goals and has built a strong reputation for providing personalized and effective legal representation. She has worked with various law firms and insurance companies on both Plaintiff and Defense matters. Nicole is the founder of The Ynigo Legal Group, where she offers compassionate and competent legal counsel in a direct and practical approach.

Gunnar C. on ContractsCounsel
View Gunnar
Member Since:
October 3, 2023

Gunnar C.

Free Consultation
11 Yrs Experience
Licensed in IN
Indiana University McKinney School of Law

I am a multifaceted lawyer, experienced in corporate law, nonprofits, private equity, real estate, financial services, taxation, trust and estate planning, and philanthropy. I am a strategic thinker and cross-functional collaborator who understands the importance of balancing revenue needs with business-minded legal counsel. I am skilled and experienced in preparing and reviewing SaaS agreements, service and vendor agreements, confidentiality, NDAs, data privacy, IP, licensing, real estate transactions, and partnership agreements.

Find the best lawyer for your project

Browse Lawyers Now
SB1 Visa lawyers by city
See All SB1 Visa Lawyers
related contracts
See More Contracts
other helpful articles

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer


Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city