SB-1 Returning Resident Visa USA | Rashel’s Law Desk – Best U.S. Immigration Lawyer in Dhaka.

SB‑1 Returning Resident Visa USA – Complete Guide by Rashel’s Law Desk image

Welcome to the definitive guide for the SB‑1 Returning Resident Visa (USA). At Rashel’s Law Desk — recognised as the best U.S. immigration lawyer in Dhaka — we provide expert guidance for Bangladeshi green-card holders seeking to regain U.S. permanent resident status after extended time abroad. This guide covers who can apply, how to apply, fees, medical exam, processing timeline, dependents, and more.

Who Can Apply for the SB‑1 Visa?

Eligibility Criteria

You may be eligible to apply for the SB‑1 visa if you meet the following key criteria:

  • You were a lawful permanent resident (LPR) of the United States at the time you departed the U.S. (i.e., you held a Green Card).

  • You departed the U.S. with the intent to return and have not abandoned that intent.

  • You remained outside the U.S. for a temporary visit abroad, and if your stay was extended, it was due to reasons beyond your control.

  • Because of your prolonged absence (typically more than one year or beyond the validity of a re-entry permit), you cannot re-enter under your previous resident status without the SB‑1.

Situations Where SB‑1 May Not Be Required

  • You held a valid re-entry permit (Form I‑131) and your absence did not exceed its validity.

  • You have been outside the U.S. for less than one year (or within whatever period your Green Card allows) and still retain resident status.

  • You are a U.S. citizen, or were travelling abroad under certain official capacities (e.g., spouse or dependent of U.S. Armed Forces) — specific exceptions apply.

In short: if you held a Green Card, left the U.S. intending to return, stayed abroad for more than one year (or beyond your re-entry permit’s validity), and your reason for delay was beyond your control — then you are likely a candidate for the SB‑1 Returning Resident Visa.

How to Apply (Steps and Documents)

Step-by-Step Application Process

  • Determine eligibility – Review the criteria above to ensure you qualify.

  • File Form DS‑117 (Application to Determine Returning Resident Status) – Submit this to the U.S. embassy or consulate where you currently reside.

  • Schedule an interview at the U.S. embassy or consulate — once DS‑117 is accepted, the consulate treats your case similarly to an immigrant-visa application.

  • Complete immigrant-visa processing, which may include:

    • Form DS‑260 (Immigrant Visa Electronic Application) if required.

    • Medical examination with a U.S.-approved panel physician.

    • Attend your visa interview and submit required documentation.

  • Receive SB‑1 visa and return to the U.S. – After approval, you may travel back as a returning resident and resume LPR status.

Required Documents Checklist

  • Valid passport (and evidence of previous passport if expired)

  • Green Card (Form I‑551) or equivalent proof of LPR status at time of departure

  • Travel history (departure dates, stamps, airline tickets)

  • Evidence of U.S. ties and intent to return (tax returns, bank accounts, property, family)

  • Documentation of extended stay abroad due to reasons beyond your control (medical records, death certificates, job restrictions, travel bans)

  • Two recent 2×2 inch passport-type photographs

  • Any previous re-entry permit (Form I‑327) or travel document

Common Pitfalls

  • Failing to show strong evidence that your stay abroad was beyond your control can lead to denial.

  • Assuming a re-entry permit automatically covers long absence may result in unexpected denial.

  • Processing delays can occur due to embassy caseload or administrative review.

Additional Essential Details

Government Fee Details

 

  • Filing fee for Form DS‑117: US$ 180 (non-refundable).

  • Further fees may apply for DS‑260 (Immigrant Visa Application) and medical examination.

Medical Examination

  • A U.S.-approved panel physician must conduct the medical exam before the interview.

  • Embassy or consulate will provide instructions on where and how to book this exam.

Processing Timeline

  • Typical processing time is 3–6 months, depending on consulate workload and case complexity.

  • Apply as soon as you recognize the need for SB‑1 and prepare all documentation in advance.

Dependents (Spouse & Children)

  • SB‑1 visa is primarily for the LPR who departed the U.S.

  • Spouse or children who were not LPRs at departure cannot automatically be included — they may need a separate immigrant visa.

  • Certain exceptions exist for U.S. government employees or Armed Forces personnel abroad.                    

The embassy or consulate will provide instructions on where and how to book this exam. For official guidance, visit the U.S. Embassy Bangladesh Visa Information page.

Why Choose Rashel’s Law Desk?

Rashel’s Law Desk the best immigration lawyer in Dhaka image
  • Expert evaluation and case planning tailored for Bangladeshi green-card holders.

  • DS‑117 preparation, document gathering, and consular interview coaching.

  • Strong focus on proving ties to the U.S. and reasons for extended absence abroad.

  • Ongoing support throughout the immigrant-visa style process.

For more information, visit our dedicated page: Best U.S. Immigration Lawyer in Bangladesh & USA

Frequently Asked Questions (FAQ)

Yes — you must prove LPR status at departure, intent to return, and extended stay due to uncontrollable circumstances.

Denial may require a new immigrant visa application. Proper legal preparation reduces risk.

Typically 3–6 months, depending on the embassy/consulate workload.

Only if absence is within permit validity and other resident requirements are met. Case-specific legal advice is recommended.

Expired card does not automatically cancel LPR status. Extended absence may trigger need for SB‑1. Legal evaluation is advised.

Final Steps

  1. Review your travel history, prolonged stay reasons, and U.S. ties (taxes, property, family).

  2. Contact Rashel’s Law Desk for a case evaluation.

  3. Gather all required documentation.

  4. File Form DS‑117 and proceed with embassy instructions.

  5. With proper preparation, maximise your chance to return as a lawful permanent resident.

Don’t risk delays or denial—contact Rashel’s Law Desk today for a personalized SB‑1 evaluation and step-by-step guidance. Start your path back to the U.S. with confidence.

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