RETURNING PERMANENT RESIDENT SB-1 & CBP REENTRY
Returning Lawful Permanent Residents must present the required documents for every entry. Specifically, Lawful Permanent Residents who have been out of the country for more than a certain amount of time are required to present a SB-1 reentry permit when returning to the United States.
What if the returning Lawful Permanent Resident does not have a SB-1 reentry permit? Furthermore, what if the Lawful Permanent Resident has been out for more than a year or two years or beyond the validity period of the SB-1 reentry permit? You must prove to authorities that you did not abandon your U.S. permanent residency.
Attorney Joseph Tsang explains more in the video below.
SB-1 VISA VS. CBP REENTRY
SB-1 RETURNING RESIDENT VISAS
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Allows a lawful permanent resident (green card holder) who has been out of the United States for more than a year or two years or beyond the validity period of the reentry permit to return;
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Avoids Customs and Border Patrol (CBP) interrogation.
GREEN CARD CBP ENTRY
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Assist a lawful permanent resident (green card holder) who has been out of the United States for more than a year or two years or beyond the validity period of the reentry permit to return;
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Avoids Consulate visa processing and interview.
PROS
CONS
PROS
CONS
CASE PROCESSING OVERVIEW
SB-1 RETURNING RESIDENT VISAS
Step 1: Proving eligibility of status as a returning lawful permanent resident by filing Form DS-117 attending interview at the U.S. Embassy or Consulate
This consists of the following:
- Submit Form DS-117
- Submit a Copy of your Permanent Resident Card
- Submit a Copy of your Re-Entry permit (*if applicable)
- Submit supporting documents to show the exact dates you were outside of the U.S., your ties to the U.S. , and documents to show that returning to the U.S. sooner was not a viable option.
Step 2: Once you have secured status as a returning lawful permanent resident, you must begin process to obtain an SB-1 VISA
Specific instructions will vary depending on the country/consulate, however, in general, it consists of the following:
- Obtaining a medical exam
- Submitting a DS-260 form
- Paying fees
- Submitting documents as specified
Step 3: Upon meeting all requisites, you will be issued a new I-551 and you can prepare to re-enter the U.S.
Upon re-entry the CBP officer still has the discretion to deny your entry, ensure that you have all evidence showing your re-entry/SB-1 visa was approved and that all your travel documents are up to date.
Step 4: Complete DS-260, including medical exam
You can access the DS-260 from the Consular Electronic Application Center (CEAC) website, by going to Immigrant Visas.state.gov and clicking on “Submit Visa Application and Civil Documents,” or on the website of the U.S. embassy or consulate where you will apply. You may wish to preview a sample DS-260 before beginning.
Step 5: U.S. entry and CBP interview preparation
- Speaking with travelers and closely examining their documentation
- CBP relies upon the judgment of individual CBP officers to use their discretion as to the extent of examination necessary.
- CBP officers are expected to conduct their duties in a professional manner and to treat each traveler with dignity and respect.
GREEN CARD CBP ENTRY
Step 1: Document preparation
List of Required Documents
- Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.);
- Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States);
- Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.).
Step 2: Contact CBP (optional)
Step 3: File I-131A with USCIS (optional)
Step 4: CBP Interview preparation
Step 5: CBP entry
ADDITIONAL RESOURCES
Laws & Issues
Absence of Less than One Year
SB-1 Tips
- Purpose of departure
- Existence of fixed termination date for visit abroad.
- Objective Intention to return to the US as a place of permanent employment or actual home. Look at family ties, jobs, income tax returns, club memberships, mortgages, and more.
- Temporary Visit Abroad – Residency is not deemed abandoned if your visit abroad is temporary
- Continuous Uninterrupted Intent – Relatively long visits abroad will only be considered temporary if you provide evidence of your continuous uninterrupted intention to return to the US.
- The burden of Proof – After submitting an LPR status claim, DHS has the burden to prove abandonment by clear, unequivocal, and convincing evidence.
Required Documents (Review Country-Specific Instructions)
- A completed Application to Determine Returning Resident Status, Form DS-117;
- Your Permanent Resident Card, Form I-551;
- Your Re-entry Permit, if available;
- Supporting documents;
- Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.);
- Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States);
- Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.).
- Medical examination, including required vaccinations;
- Form DS-260, Immigrant Visa and Alien Registration Application;
- Preview a sample DS-260;
- Original passport;
- Two photographs, meeting Photograph Requirements
- A list of civil documents to bring to your immigrant visa interview, as requested by the embassy or consulate
FREQUENTLY ASKED QUESTIONS
Does SB-1 preserve residence for naturalization purposes?
SB-1 allows LPR to reenter the U.S. It does not confer any eligibility to apply for naturalization. LPR needs to meet the continuous presence to be eligible for naturalization.
Should I submit an SB-1 or resubmit an immigrant petition (I-130/I-140) if I have been outside of U.S. for more than 2 years?
You may try for a CBP entry and/or an SB-1 with evidence existence of strong U.S. ties, and circumstances outside of control. If CBP and SB-1 both do not work then the only option is to file an I-130 or I-140 and wait until the priority date becomes current, if necessary.
How difficult is to apply for an SB-1 visa?
An SB-1 is easier to apply than an immigrant visa. Nonetheless, you will still need to appear at the embassy to make your case and explain why your extended absence should not be considered abandonment.
What happens if my SB-1 visa is denied?
How long does it take to get a SB-1 visa?
The SB-1 visa processing time depends on the specific U.S. embassy or consulate where you are applying. You can generally assume at least a three to six month wait time, which does not take into consideration the ongoing pandemic.
WHY HIRE US?
EXPEDITED PROCESS AND COMPLETE SERVICE
Clients need solutions and work done fast. Tsang & Associates is one of the few immigration law firms that can significantly cut down the waiting time for a USCIS biometrics appointment. In case the clients decide to depart the U.S. after their expedited biometrics appointments, we further make sure they receive their travel documents abroad.
OUR SUCCESS STORIES FROM CLIENTS
Tsang and Associates have been a part of many success stories. We are proud to come alongside our clients to help them reenter the U.S. Therefore at this time, please take a look at one of our proud success stories – Mr. Hans Becker, who had an expired green card with no U.S. ties, successfully used our entry service to return to the U.S. and ultimately fulfilled his dream of becoming a baker in the U.S.
WHAT OTHERS ARE SAYING ABOUT US
Joseph and the whole team at Tsang & Associates are the best. I would’ve never thought a law firm would have such an inviting atmosphere and the most friendly and helpful staff.
I was hired to produce and film a few videos for the firm over a period of a few months. As I worked with Joseph and the team, I saw how much clients loved being in their office and how the team would bring exact solutions to their problems. From the delicious coffee and teas, to their professional, helpful, and easy to understand law advices, they have it all covered!
Best of all, because I too am filing hundreds of pages of immigration documents for my wife, I needed some guidance. Joseph was more than willing to help with free consultations! He reassured us in the process and definitely eased our minds in this important legal matter.
Seriously don’t hesitate to give them a call. They are professional, knowledgeable, and most importantly they are passionate about helping people!
Andy C.
A friend referred me to Tsang and Associates because I heard you could withdraw 401k without penalty during Covid-19. I wanted more guidance about this especially because I am trying to buy a house in the next 1-2 years. I was able to speak with Joseph and he advised me on this new policy and helped me plan out what steps to take to in order to make this possible. He also gave me sound financial advice on my plan to purchase a house. He even let me know what to expect in the next few years in terms of taxes. The best part is, all of this was done free of charge! Thank you!!
Christina H.
I had the privilege of interning in the office to learn more about immigration law. I was deeply impressed by the attention to detail and care that was taken with each case. The whole process was done thoroughly and my supervisor, Joseph, was accessible and responsive to his client’s needs and questions. It was an invaluable experience to see what a well run immigration firm looks like that cares about its clients and does excellent work. Highly recommend their services!
Abby A.
I needed an immigration law firm to help me renew my green card. And I’ve found this firm nearby. I was amazed on how pretty the reception area is!
Jospeh explained the green card renewal process clearly and easy for me to understand. He also gave me a lot of advice on future immigration process. The overall experience is awesome! Highly recommended!
Vicky C.
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