How can I apply for an SB-1 visa after being outside of the U.S. for more than a year? - EB5Investors.com

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

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Michael A Harris, Esq

Michael A Harris, Esq

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
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.

Grant Kaplan

Grant Kaplan

Immigration Attorneys
Answered on

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

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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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