SB1 Visa

Legal Basis

The legal authority for the SB-1 visa process is found in the Immigration and Nationality Act (INA) § 101(a)(27)(A) and is codified at:

  • 8 U.S.C. § 1101(a)(27)(A) – Defines a “special immigrant” to include returning residents who were previously LPRs and are returning from a temporary visit abroad where the stay was protracted due to circumstances beyond their control.

“The term ‘special immigrant’ means an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad…”

What Is the SB-1 Visa?

The SB-1 visa allows a former permanent resident to return to the United States and resume their LPR status after a prolonged stay abroad, provided they meet certain requirements. It recognizes that unforeseen circumstances—can prevent timely return.

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