wantmygcnow
Volunteer Moderator
SB1 Visas If a permanent resident of the United States stays outside the U.S. for a continuous period of 12 months or more, and s/he did not file for a reentry permit before departure, s/he is deemed to have abandoned permanent resident status. One in this situation needs to first qualify for returning resident status under SB1 category and, once s/he is found eligible, it is necessary to submit fresh DS-230 forms to resume status as Permanent Residents. If you are unable to return to the U.S. within the stipulated time, owing to poor health or family crisis situations. Please note that there is a limited scope of opportunity for relief under this category. The law requires that each person travels to the U.S. within 180 days to avoid a presumption of abandonment of the "green card" status and individuals absolutely must return before the expiry of 12 months to avoid having the status automatically deemed abandoned. The burden is on the person seeking reinstatement to establish that s/he always intended to return to the U.S. within the required time period and that supervening factors made it impossible to comply with the laws regarding return to the U.S. This is a high standard to meet.