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How can I apply for an SB-1 visa after being outside of the U.S. for more than a year?

I am an EB-5 investor who am applying with the I-829 form. I left the United States in November 2019. Due to Covid-19, I haven''t been able to return to the U.S. until now but I have been outside the country for more than 365 days. Am I qualified to apply for an SB-1 visa while I am a conditional resident?

Answers

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Yes you can apply for SB-1. You should discuss with your attorney, however, as it may not be required.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes you can apply - discretionary on the part of the consulate if the reason for not returning is valid, U.S. taxes paid etc.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is very hard to get an SB-1 visa. If you left in November before Covid-19, then you need to explain why and you should get back into the country immediately. Very few SB-1s are issued if you have stage 4 cancer and can''t travel, maybe. I had this case and it got approved.

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    Grant Kaplan

    Immigration Attorney
    Answered on

    You can apply to this at the U.S. consulate together with an interview.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As long as your I-829 petition is pending, you remain a conditional lawful permanent resident. You should contact the nearest U.S. embassy or consular office to inquire about their SB-1 application procedures. Some offices have indicated that they are not accepting SB-1 returning resident visa applications until they resume routine visa services.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    It may indeed be necessary to apply for an SB-1. You should hire an immigration lawyer to go over the requirements for the SB-1, as well as to understand what could happen if you had to present yourself for admission at the border after such a long absence.