SB-1 Returning Resident
An immigrant visa for green-card holders who stayed abroad more than a year, or past their reentry permit, for reasons beyond their control.
At a glance
- Who it is for
- Permanent residents abroad > 1 year or past reentry permit
- Key test
- Extended stay caused by reasons beyond their control
- First form
- DS-117 ($180) at a U.S. embassy or consulate
- Visa application fee
- $205 (DS-260)
- Annual limit
- None (INA 201(b)(1)(A))
- Interviews
- Usually two: DS-117 and immigrant visa
Overview
A lawful permanent or conditional resident who remains outside the United States for longer than one year, or beyond the validity of a reentry permit (up to two years), generally needs a new immigrant visa to return. The returning resident (SB-1) special immigrant visa exists for residents whose extended stay was caused by circumstances beyond their control (State Department).
Approval of SB-1 status removes the need for a new USCIS immigrant petition, but the applicant must still qualify for an immigrant visa in every other respect, including a medical exam. Returning residents are special immigrants under INA 101(a)(27)(A) and are not subject to annual numerical limits (8 U.S.C. 1151(b)(1)(A)).
Certain spouses and children of U.S. Armed Forces members or U.S. government civilian employees stationed abroad on official orders may use an expired green card to return and do not need an SB-1, provided they have not abandoned status and are returning with that family member.
Who qualifies
The applicant must prove (22 CFR 42.22)
- They had lawful permanent resident status when they departed the United States
- They left with the intention of returning and have not abandoned that intention
- They are returning from a temporary visit abroad, and any protracted stay was caused by reasons beyond their control and for which they were not responsible
And also
- Be eligible for an immigrant visa in all other respects (admissibility, medical exam)
- Apply in person at a U.S. embassy or consulate, ideally at least three months before planned travel
Duration & extensions
| Status on return | Resumes lawful permanent residence |
|---|---|
| Green card | Typically 10-year card (USCIS M-274) |
| Alternative before leaving | Reentry permit (Form I-131), valid up to 2 years — $630 |
| Naturalization clock | Long absences can break continuous residence (8 U.S.C. 1427) |
Fees
State Department and USCIS fees as published on October 1, 2026.
| Fee | Amount | Who pays | Notes |
|---|---|---|---|
| Form DS-117, Application to Determine Returning Resident Status | $180 | Applicant | Paid at the embassy or consulate (fee schedule). |
| Immigrant visa application processing fee (DS-260) | $205 | Applicant | Charged only if SB-1 status is approved; the “other immigrant visa” rate, which includes SB-1. |
| USCIS Immigrant Fee | $0 | — | Returning residents (SB-1s) are exempt. |
| Medical exam and vaccinations | Varies | Applicant | Set by the panel physician. |
For comparison, a reentry permit requested before departure costs $630 on Form I-131.
Processing time
- Plan ahead
- 3+ months
- State asks applicants to contact the embassy at least three months before intended travel, if possible.
- Numerical limit
- None
- SB-1 does not wait for a Visa Bulletin date.
Timing depends on the embassy or consulate; there is no published standard processing time.
Application steps
- 1Contact the nearest U.S. embassy or consulateFollow that post’s instructions for returning resident cases, as early as possible.
- 2File Form DS-117 and pay $180Submit the DS-117 with the green card, any reentry permit, and evidence of travel dates, U.S. ties and the reasons for the extended stay.
- 3DS-117 interviewA consular officer decides whether the applicant meets the three returning-resident requirements.
- 4Immigrant visa processingIf approved, complete Form DS-260, pay the $205 fee, and complete the medical exam and vaccinations.
- 5Immigrant visa interview and travelBring the passport, photos and requested civil documents. If issued, the SB-1 visa allows return to resume permanent residence.
Required documents
For the DS-117 application
- Completed Form DS-117
- Permanent Resident Card (Form I-551)
- Reentry permit, if any
- Proof of travel dates (tickets, passport stamps)
- Proof of U.S. ties and intent to return (tax returns; economic, family and social ties)
- Proof the extended stay was beyond the applicant’s control (for example medical incapacity)
For the immigrant visa stage
- Form DS-260 confirmation
- Original passport and two photographs
- Medical exam and civil documents requested by the post
Dependents & family
Each family member who is a permanent resident and was abroad too long must qualify and apply for SB-1 status individually. Spouses and children of U.S. military members or U.S. government civilian employees on official orders abroad may be able to return on an expired green card instead.
After you arrive
An SB-1 visa does not create new status; it allows the resident to resume existing permanent residence on admission.
Related visas
Common questions
I was abroad for 13 months. Do I need an SB-1?
Generally yes, unless you hold a valid reentry permit. An absence of more than one year without one means the green card alone is no longer a valid travel document (State).
What counts as “beyond my control”?
The applicant must show the protracted stay was caused by reasons beyond their control and for which they were not responsible (22 CFR 42.22). State gives medical incapacitation as an example.
What if the SB-1 is refused?
The officer may find residence abandoned. The person may qualify for a nonimmigrant visa if they have a residence abroad, or may need to immigrate again in the original category.
Do SB-1 applicants pay the USCIS Immigrant Fee?
No. USCIS lists returning lawful permanent residents (SB-1s) as exempt.
Official sources
- Department of State · Returning Resident Visastravel.state.gov ↗
- eCFR · 22 CFR 42.22 — Returning resident aliensecfr.gov ↗
- Department of State · Fees for Visa Servicestravel.state.gov ↗
- USCIS · Fee Schedule (G-1055): USCIS Immigrant Feeuscis.gov ↗
- USCIS · Fee Schedule (G-1055): Form I-131 Reentry Permituscis.gov ↗
- GovInfo (U.S. Code) · 8 U.S.C. 1151 — Worldwide level of immigrationgovinfo.gov ↗
- Department of State · Suspension of Visa Issuance — Proclamation 10998travel.state.gov ↗
- Federal Register · Proclamation 10998 (90 FR 59717)federalregister.gov ↗
Recent changes
- Aug 21, 202675-country immigrant visa pause no longer in effect. Under the court’s order in CLINIC et al. v. Rubio, et al., State says the January 2026 pause on immigrant visa issuance to nationals of 75 countries ended as of August 21, 2026. Source ↗
- Jan 21, 2026Immigrant visa issuance paused for nationals of 75 countries. State paused all immigrant visa issuance to nationals of 75 listed countries, citing public-benefits concerns. Interviews continued, but visas were not issued. The pause ended August 21, 2026 under a court order. Source ↗
- Jan 1, 2026Proclamation 10998 suspends immigrant visas for 39 nationalities. Proclamation 10998 (signed December 16, 2025; 90 FR 59717) took effect January 1, 2026. It fully suspends visa issuance to nationals of 19 countries and suspends immigrant visas for nationals of 19 more countries and Turkmenistan, with limited exceptions; case-by-case national-interest exceptions remain possible. Source ↗
- Nov 1, 2025Immigrant visa interviews in country of residence. The National Visa Center now schedules immigrant visa applicants in their country of residence or, if requested, their country of nationality, with rare exceptions. Source ↗