In continuation with our previous article on application for SB-1 returning resident visa in India, we summarize the procedure involved in the application process.

Procedure to apply for status as Returning Resident (SB-1) in India – Primary Determination

In India, qualifying applicant(s) should schedule an appointment with the U.S. Embassy, New Delhi or U.S. Consulate, Mumbai based on his/her residence. 

The first step is to create a profile for the applicant(s) by visiting www.ustraveldocs.com/in. While doing this, applicant(s) should schedule an appointment under “Category 2”.

The applicant should carry the following forms/supporting documents for the SB-1 interview:

1. Duly completed and signed form DS-117 – application to determine returning resident status. The latest Form DS-117 can be found here;
2. Original passport;
3. Original form I-551 – permanent resident card;
4. Original form I-131 – re-entry permit if available;
5. Demand draft for the INR equivalent of US$ 180. The prevailing consular exchange rate can be found here.  Based on the post where the application is made, the demand draft should be drawn in favor of “U.S. Embassy, New Delhi”, payable in New Delhi or in favor of “U.S. Consulate General, Mumbai”, payable in Mumbai. Please check the current fee by visiting here. 
6. Applicants should also carry documents to evidence that (i) s/he was a lawful permanent resident at the time of departure from the U.S.; (ii) that his/her protracted stay outside the U.S. was for reasons beyond his/her control; and (iii) s/he has continued to maintain ties and un-relinquished intention to return to the United States for the entire duration of stay outside the U.S. 

At the interview, the consular officers determine if the applicant is eligible to receive status as a returning resident. If the consular officer approves that status as returning resident, the applicant will have to appear for an immigrant visa interview. In general, the consular officer will provide specific instructions on the procedure to schedule an immigrant visa interview. 

Procedure to Apply for Immigrant Visa Interview, Following a Successful SB-1 Determination in India

Upon successful application for the status of returning resident, the applicant should login to his/her profile on https://www.ustraveldocs.com/in and schedule an immigrant visa interview. For the immigrant visa interview, the applicant(s) should complete the medical examination with a panel physician and also obtain a police clearance certificate from the regional passport office. In addition to the police clearance certificate from the regional passport office, if the applicant has resided in any country other than the United States for more than 12 months after the age of 16, s/he must obtain police clearance from each of those countries. 

Documents required for the Immigrant visa interview

• Original passport.
• Duly completed online form DS-260, immigrant visa and alien registration application.
• Two identical 2×2 inches photographs taken on a white background and without eye glasses. The photo specifications can be found here.
• Medical report from panel physician. 
• Police clearance certificate(s) as required. 
• Demand draft for the INR equivalent of US$ 205. The prevailing consular exchange rate can be found here.  Based on the post where the application is made, the demand draft should be drawn in favor of “U.S. Embassy, New Delhi”, payable in New Delhi or in favor of “U.S. Consulate General, Mumbai”, payable in Mumbai. Please check the current fee by visiting here.  We urge applicants to check on the current immigrant visa application fee by visiting here.
• Form I-134 – affidavit of support
• Other civil documents as requested by the embassy/consulate

After the interview, if all requirements are met and the applicant is eligible for an immigrant visa, the same will be approved. In general, the immigrant visa is valid for six month or lesser. 

We at Murthy Immigration Services have successfully assisted several applicants with their application for status of SB-1 and our attorneys are available to advise / assist with this application process.