Regular readers of our bulletin and visitors to our website are aware of the SB-1 category of visa. Generally, U.S. lawful permanent residents (LPRs) should maintain their residence in the U.S., and if an LPR spends more than 12 months outside the U.S. without obtaining a “Re-entry permit,” s/he loses their LPR status. Under certain circumstances, such permanent residents (who have stayed outside the U.S. for more than a year) may qualify for returning resident status under the SB-1 category. If all requirements are met, and the application is approved, the SB-1 category will permit the permanent resident who stayed outside U.S. for more than a year to return to the United States

Clarification on Affidavit of Support

If the application for returning resident status is approved, the applicant must provide an affidavit of support form from a sponsor — a friend or relative who is either a U.S. Citizen or an LPR. Applicants often ask us whether they need to submit Form I-864 or Form I-134 in this case. When an SB-1 case is approved, the applicant should bring to the final visa interview their completed Form I-134, along with supporting documents from a U.S. sponsor.