Regular readers of MurthyIndiaDotCom may be aware of the procedure to apply for status as a returning resident (SB-1) visa at the consular posts in India. By way of background, the SB-1 is an application filed by a U.S. permanent resident who had to remain abroad in excess of 365 days due to circumstances beyond his/her control. By filing the SB-1 visa and upon its approval, the applicant will be allowed to re-enter the U.S. If the SB-1 visa is not issued, the applicant would have potentially lost U.S. permanent resident status for failing to return back within the maximum time permissible in most cases of staying abroad for up to 365 days.

Procedure in India

In brief, SB-1 visa applicants in India should first schedule an appointment either at the U.S. Embassy, New Delhi or U.S. Consulate, Mumbai (Immigrant visa applications are processed only at these two posts in India). For most cases, on the date of appointment, the interviewing officer determines eligibility for status as a returning resident. Once approved, the applicant needs complete the medical evaluation with one of the panel physicians and obtain the police clearance certificate prior to attending an immigrant visa interview.

Procedure at the U.S. Consulate, Toronto, Canada

Unlike India, the U.S. consular post in Toronto, Canada continues to process SB-1 visa applications despite the fact they do not have an immigrant visa unit. Applicants must send the completed (unsigned) DS-117 – application to determine returning resident status via an email to the consulate. After reviewing the form DS 117, the consular officer will schedule a visa interview.

During the visa interview, the consular officer gathers information regarding the reason(s) for the SB-1 applicant’s inability to return to the U.S. within 365 days from the date of last departure or if the applicant was in possession of a re-entry permit, then, the reason s/he did not travel during the validity of the same. Following this, officer will forward the form DS-117 along with all supporting documents and a memorandum to the Immigrant visa unit in Montreal for a final adjudication.  Once the interview is completed, the U.S. consular post in Toronto does not entertain any inquiries. Inquiries if any, should be directed only to the immigrant visa unit in Montreal through their public inquiry forum. Upon receipt of the forms and documents, the U.S. consular post in Montreal adjudicates the application and notifies the applicant of the final outcome. If approved, the applicant will receive additional instructions to schedule the immigrant visa interview.

Procedure to apply for SB1 visa differs for each country. It is always advisable for applicants to refer to the official website of the local U.S. consular post or embassy for up-to-date information on the procedure prior to applying. We at Murthy Immigration Services Private Limited (MISPL) will continue to update you with any procedural updates on the U.S. visa application process.