What SB-1, SC-1 and SC-2 are
SB-1 is the returning resident visa. The law defines this special immigrant as a person lawfully admitted for permanent residence (a green card holder) who is returning from a temporary visit abroad: Immigration and Nationality Act (INA) section 101(a)(27)(A). The State Department treats SB-1 as a type of special immigrant visa, so the grounds of ineligibility in INA 212(a) apply, and an officer who finds you ineligible under one of those grounds must refuse the SB-1 visa under the relevant section of law and advise you, even if a waiver may be available.[1,7,8]
SC-1 and SC-2 are for a former U.S. citizen who may apply to reacquire citizenship (INA 101(a)(27)(B)): SC-1 for a person who lost U.S. citizenship by marriage (INA 324(a)), and SC-2 for a person who lost it by serving in foreign armed forces (INA 327). Whether you qualify depends on those sections of law; an immigration attorney can apply them to your facts.[7,8]
Who qualifies for SB-1
The consular officer must be satisfied, from the evidence you present, that each of these is true.
- You were a lawful permanent resident when you left the U.S. The law defines lawful permanent residence as having been lawfully given the privilege of residing permanently in the U.S. as an immigrant under the immigration laws, with that status not having changed.[1,3]
- You left the U.S. intending to return, and you have not given up that intention while living abroad.[1,3]
- You are returning from a temporary visit abroad, and if your stay abroad was long (protracted), it was caused by reasons beyond your control and for which you were not responsible. "Temporary" is not measured by elapsed time alone; when your intent can be determined, it controls. Elements the Board of Immigration Appeals described in Matter of Kane include a definite reason for the trip, a trip expected to end within a relatively short period fixed by some early event, and an expectation of returning to the U.S. as your actual home or place of employment, an intent you must have had when you left and kept while abroad.[1,3]
You may not need SB-1
- Away less than 1 year: a valid, unexpired green card (Form I-551) is a document you can present to seek readmission after a temporary absence of less than 1 year. The State Department says a returning resident who has been outside the U.S. for less than 1 year should not apply for SB-1 and should instead file Form I-131A (Application for Carrier Documentation). Under the USCIS fee regulation, Form I-131A is how a person who loses their approved travel document applies for carrier documentation to board an airline or other carrier back to the U.S.[1,4,9]
- Reentry permit: a reentry permit lets a permanent resident apply for admission on return from abroad, during the permit's validity, without needing a returning resident visa. You apply on Form I-131 while you are in the U.S. and in lawful permanent resident or conditional permanent resident status; leaving the U.S. before a decision does not affect the application. If, since becoming a permanent resident or during the last five years (whichever is less), you have been outside the U.S. for more than four years in total, the reentry permit is limited to one year of validity, with a few exceptions.[10,11,12]
Evidence and documents
Evidence that you kept your U.S. residence can include, among other things: a driver's license issued within the past year showing the same address as your Form I-94 (Arrival and Departure Record); your U.S. employer's name and address and proof that a salary has been paid within a reasonable period; your children's enrollment in a U.S. school; proof that unforeseen circumstances caused the extended stay; proof of a set end date, such as a graduation or the end of an employment contract; U.S. income tax returns filed for the past year(s); and ownership of real or personal property in the U.S.[1]
The officer also weighs evidence that points to abandonment of your U.S. residence, such as long or frequent absences; disposing of property or business affiliations in the U.S.; family, property or business ties abroad; conduct abroad such as working for a foreign employer, voting in foreign elections or running for political office in a foreign country; and not filing U.S. income tax returns.[1]
For the visa itself, only the records and documents required under INA 222(b) that relate to your period of residence in the U.S. and your temporary visit abroad are required, unless the officer has reason to question the legality of your earlier admission for permanent residence or your eligibility for an immigrant visa. State Department guidance tells officers not to require a police certificate or other documents for periods of less than six months.[1,3]
Situations the State Department addresses
- Working abroad for a U.S. employer: in certain cases, and in the absence of contrary evidence, you might not be considered to have abandoned your U.S. residence. If you qualify for the benefits of INA 316(b), 316(c) or 317 (naturalization rules under which certain absences do not break continuous residence), for example as an employee under contract with the U.S. government or with a U.S. research institution recognized by the Secretary of Homeland Security, or an employee of a U.S. firm engaged in developing U.S. foreign trade and commerce (or of its subsidiary more than 50 percent owned by a U.S. firm), that is prima facie evidence that you are entitled to returning resident status. Someone who lives and works abroad and only returns for brief periodic visits may still be found to have abandoned permanent resident status; yearly visits do not ensure that status is preserved.[1]
- Children under 16: a child under 16 is not considered to have a will or intent separate from the parents about a long stay abroad, so the child's residence follows the parents' unless the officer concludes that the parents have a separate intention for the child to return to the U.S. to live.[1]
- Students studying abroad: several decisions of the Administrative Appeals Office (AAO) of the Department of Homeland Security (DHS) deal with permanent residents studying abroad. A student who wants to keep permanent resident status should present evidence of a definite graduation date; even a long absence may be considered temporary if you can present evidence of receiving a degree within a definite time. The officer should consider whether you return to the U.S. at the end of each academic term, or whether you have family still living in the U.S.; owning property or having a bank account in the U.S. may indicate that you intend to return when your studies end.[1]
- Religious missionaries abroad: DHS has determined that doing missionary work abroad for a "recognized" U.S. religious denomination does not interrupt permanent resident status.[1]
From DS-117 to the SB-1 visa
File Form DS-117
File Form DS-117 and your supporting documents with the consular section for the consular district where you currently live. A consular section may not refuse to process it only because it does not handle immigrant visas, but where circumstances would prevent effective review at certain posts, the mission may direct you to another post in the country that can handle it. The DS-117 fee is separate from the immigrant visa application processing fee.[1]
Interview and decision
A consular officer interviews you in person to decide whether the application can be approved, and a consular manager must review that decision. If the DS-117 is denied, you do not pay the immigrant visa application processing fee. If new information comes up after approval, the officer may reverse the approval with a consular manager's concurrence.[1]
Apply for the SB-1 visa
If the DS-117 is approved, you must apply for the immigrant visa within six months of approval. You go through the same process as any other immigrant visa applicant, including the prescribed fee and security surcharges, documentary requirements, medical requirements and administrative processing. Your case uses your current A-number (Alien Registration Number), and you do not need to provide a new Form I-864 (Affidavit of Support).[1]
Fees
| Item | Amount | When it applies |
|---|---|---|
| Determining returning resident status (Form DS-117) | $180 | When you file the DS-117; separate from the immigrant visa fee |
| Immigrant visa application processing fee: "other immigrant visa applications (including I-360 self-petitioners and special immigrant visa applicants)" | $205 per person | Only if the DS-117 is approved. The State Department treats SB-1 as a type of special immigrant visa; confirm the amount with the consulate |
| USCIS Immigrant Fee | $0 for returning lawful permanent residents (SB-1s) | The general fee for people immigrating as permanent residents is $235 |
| Reentry permit (Form I-131), filed while you are in the U.S. | $630 (paper filing) | Not eligible for a fee waiver request. G-1055 lists general fee exemptions for some groups, for example current or former U.S. armed forces service members |
| Form I-131A (Application for Carrier Documentation) | $575 | If you lose your approved travel document and need carrier documentation to board an airline or other carrier back to the U.S.; the State Department points returning residents outside the U.S. less than 1 year to this form. General filing, paid online; $0 for a refugee, a person paroled as a refugee, or a permanent resident who got that status as a refugee in the U.S. |
Ask WELIVEINUSA Visa
Ask WELIVEINUSA Visa
Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".
Questions people ask
I am a former U.S. citizen. Which classification applies to me?
High confidence It depends on how you lost citizenship. If you were a permanent resident before you naturalized and lost citizenship while in the U.S., State Department guidance says returning resident (SB-1) status is appropriate if you have taken no action causing loss of permanent resident status, departed the U.S. after losing citizenship, and are returning after a temporary visit abroad. SC-1 and SC-2 cover former citizens who lost citizenship by marriage (INA 324(a)) or by serving in foreign armed forces (INA 327) and may apply to reacquire it. An immigration attorney can apply these rules to your facts.[1,7,8]
I need to be in the U.S. urgently. Can I travel on a visitor visa, and do I have to give up my green card?
In some cases, a nonimmigrant visa is possible. The State Department notes that a permanent resident may need a visa faster than a returning resident visa would allow; its example is a permanent resident employed by a U.S. corporation and temporarily assigned abroad in a way that keeps them out of the U.S. for more than a year who may be issued a nonimmigrant visa for an urgent business meeting. Having been issued a visitor visa for convenience, when there was no time to get a returning resident visa, does not by itself make you ineligible for SB-1. Giving up your green card (Form I-551) must not be required as a condition of an immigrant or nonimmigrant visa unless the Department of Homeland Security (DHS) has requested it.[1,13]
If my DS-117 is denied, can I appeal to USCIS?
Not with Form I-290B. USCIS says not to use Form I-290B to appeal a State Department consular officer's denial of a visa application, and it lists Form DS-117 as an example; it points to the State Department website for information about visa denials. An immigration attorney can tell you what options fit your facts.[14]
Related categories
Content last reviewed: Oct 18, 2026 · General information, not legal advice.
Sources
- 1.9 FAM 502.7 OTHER IV AND QUASI-IV CLASSIFICATIONSU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
- 2.9 FAM 502.1 IV CLASSIFICATIONS OVERVIEWU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
- 3.22 CFR 42.22eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 4.8 CFR 211.1eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 5.22 CFR 22.1 - Schedule of fees for consular services (Department of State)eCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 6.Fee Schedule (Form G-1055) - USCISUSCIS · Form / instructions · Checked Oct 12, 2026
- 7.8 U.S.C. 1101 (INA 101) - Definitions, incl. 101(a)(15)(E), (H), (L), 101(a)(44), 101(a)(45)U.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
- 8.22 CFR 42.11eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 9.8 CFR 106.2 - USCIS feeseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 10.8 CFR 223.1eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 11.8 CFR 223.2eCFR (Office of the Federal Register) · Regulation · Checked Oct 18, 2026
- 12.I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records - USCISUSCIS · Form / instructions · Checked Oct 18, 2026
- 13.9 FAM 402.2 TOURISTS AND BUSINESS VISITORS AND MEXICAN BORDER CROSSING CARDS – B VISAS AND BCCSU.S. Department of State (Foreign Affairs Manual) · USCIS Policy Manual · Checked Oct 18, 2026
- 14.I-290B, Notice of Appeal or Motion - USCISUSCIS · Form / instructions · Checked Oct 12, 2026