SB1 Returning Resident Visa Lawyer NYC | Feiner & Lavy Law Firm

If you are a permanent resident or conditional resident who has been outside of the United States for over one year or beyond the validity period of a re-entry permit, a new immigrant visa will be required in order to enter the United States and resume the status of a permanent resident. Under United States visa law, a provision allows a returning resident special immigrant visa to be issued to a lawful permanent resident who was outside of the United States for that time because of circumstances beyond their control.

As a permanent resident unable to return to the United States within the designated period, you may be eligible to obtain a returning resident immigrant visa. An SB1 Returning Resident Visa Lawyer NYC may be able to help you get this visa.

SB1 Returning Resident Visa Lawyer NYC

If you have questions about obtaining an SB1 returning resident visa, an experienced attorney can help. The immigration lawyers at Feiner & Lavy, P.C. have successfully assisted many of their clients with getting a returning resident visa.

Our attorneys can help clients who speak many different languages, as we speak English, Spanish, Hebrew, and Arabic. At Feiner & Lavy, P.C., we make every effort to make sure our clients feel comfortable throughout the legal process, and we are readily available to answer questions for our clients.

How Do I Know If I Am Eligible for an SB1 Returning Resident Visa?

Under United States immigration law, you will need to prove that certain circumstances apply to qualify for returning resident status. You will need to prove to the Consular Officer that the following circumstances are applicable in your case:

• At the time of your departure from the United States, you had the status of a lawful permanent resident.
• You departed from the U.S. intending to return to the country and have not abandoned that intention
• You are coming back to the U.S. from a temporary visit abroad—and if this stay was protracted, it happened for reasons beyond your control and that you were not responsible for.

If you meet these qualifications, you may be eligible for a returning resident visa. An SB1 Returning Resident Visa Lawyer NYC can help you obtain this visa.

How Do I Apply for an SB1 Returning Resident Visa?

If you are interested in applying for a returning resident visa, you should reach out to the nearest U.S. Embassy or Consulate prior to your trip. Ideally, you will take this step at least three months before you travel so that there is sufficient time for visa processing.

The visa application process includes an interview at the U.S. Embassy or Consulate. There are instructions and information that are specific to each country, so you should review the U.S. Embassy or Consulate website for the location where you will be applying. If you have questions about the application process, an SB1 Returning Resident Visa Lawyer NYC can assist you.

After you have submitted your application, the U.S. Embassy or Consulate will give you specific instructions for the remainder of the process. Typically, you will be provided with instructions for your medical examination (including a list of required vaccinations), instructions for your interview (including what documentation you must bring with you), and a list of documents to bring with you to your immigrant visa interview.

What Documentation Will I Need to Apply for a Returning Resident Visa?

To successfully apply for a returning resident visa, you will need to include the required documentation. With your application, you should submit the following documents and forms to the U.S. Embassy or Consulate:

• A completed Form DS-117, Application to Determine Returning Resident Status
• Your Permanent Resident Card, Form I-551
• If available, your re-entry permit.

Additionally, you are also required to submit supporting documentation that establishes the following:

• The dates of your travel outside of the U.S. (such as passport stamps or airline tickets)
• Proof of your connections to the U.S. and your intention to return to the country (such as evidence of familial and economic ties to the U.S, tax returns, etc.)
• Proof that a protracted stay outside of the U.S. occurred for reasons outside of your control (such as medical incapacitation)

A consular officer will look over your application, as well as your supporting documents, to determine whether or not you meet the criteria for Returning Resident Status. If you do meet the criteria, you must also be eligible for the immigrant visa in order to receive a Returning Resident SB-1 immigrant visa. If you hire an SB1 Returning Resident Visa Lawyer NYC to assist you with this process, your lawyer will make sure that you include all of the necessary documentation with your application.

What Happens If My Application Is Denied?

If the consular officer concludes that you do not meet the criteria for a Returning Resident SB-1 immigrant visa because you have relinquished or abandoned your residence in the United States, it may be possible for you to obtain a nonimmigrant visa. Your ability to obtain a nonimmigrant visa will depend on whether you have established a residence abroad that you will return to.

If you are unable to submit convincing evidence of compelling ties abroad, then you may need to apply for an immigrant visa on the same basis by which you immigrated originally. After receiving a denial, you should contact an SB1 Returning Resident Visa Lawyer NYC to learn more about your next steps.

Do I Need to Hire a Lawyer to Apply for a Returning Resident Visa?

You are not required to hire an attorney to submit an application for a returning resident visa. However, hiring an SB1 Returning Resident Visa Lawyer NYC can help you make sure that you are filling out the application correctly and that you include all of the required documentation. An SB1 Returning Resident Visa Lawyer NYC can help you make sure that you get the best chance at having your application for a returning resident visa approved.