For Nigerian citizens who hold U.S. lawful permanent resident (LPR) status, the Returning Resident Visa (SB-1) is an essential pathway to regain entry to the United States after staying outside the country for an extended period. The SB-1 visa is designed for lawful permanent residents (green card holders) who have remained outside the U.S. for over a year (or beyond the validity of their re-entry permit) and now seek to return.
This guide provides a detailed breakdown of the eligibility criteria, application process, required documents, fees, common challenges, and tips for a successful SB-1 visa application for Nigerian citizens.
What Is the U.S. Returning Resident Visa (SB-1)?
The Returning Resident Visa (SB-1) allows lawful permanent residents (LPRs) to regain their green card status after an extended stay outside the U.S. This visa is necessary if the individual has been abroad for over 12 months or beyond the validity of a re-entry permit without obtaining prior approval from U.S. immigration authorities.
If a permanent resident remains outside the U.S. for too long, they may be considered to have abandoned their residency, leading to the potential loss of their green card status. The SB-1 visa provides a legal avenue for re-establishing permanent residency.
Who Needs an SB-1 Visa?
A Returning Resident Visa (SB-1) is required if:
- A U.S. green card holder has stayed outside the United States for over 12 months without a re-entry permit.
- A re-entry permit was obtained but has expired before re-entering the U.S.
- The individual has compelling reasons beyond their control that prevented them from returning to the U.S. within the required timeframe.
A Returning Resident Visa (SB-1) is NOT needed if:
- The green card holder was outside the U.S. for less than 12 months (they can typically re-enter with a valid green card and passport).
- A valid re-entry permit was issued and is still valid at the time of return.
Eligibility Requirements for the SB-1 Visa
To qualify for a Returning Resident Visa, applicants must meet the following requirements:
- Must have been a lawful permanent resident before their extended stay outside the U.S.
- Must have left the U.S. with the intention of returning and not abandoning their residency.
- Must have remained outside the U.S. due to reasons beyond their control, such as illness, family emergencies, or unforeseen circumstances.
- Must provide substantial evidence proving their intention to maintain U.S. residency.
If an applicant cannot prove they meet these conditions, they may be required to reapply for an immigrant visa instead of an SB-1 visa.
Step-by-Step Application Process for a U.S. Returning Resident Visa (SB-1) for Nigerian Citizens
Step 1: Schedule an Appointment with the U.S. Embassy in Nigeria
Applicants must begin by contacting the U.S. Embassy in Abuja or the U.S. Consulate in Lagos to schedule an appointment for their SB-1 visa interview.
Appointments can be scheduled through the U.S. Embassy’s official website or by contacting the consular section via email or phone.
Step 2: Gather Required Documents for the SB-1 Application
Applicants must submit several documents to support their SB-1 visa application:
- Valid Nigerian passport (must be valid for at least six months beyond the intended return date).
- Green Card (Permanent Resident Card) or a copy of it.
- Evidence of ties to the United States, such as U.S. tax returns, home ownership, bank accounts, U.S.-based employment, or family relationships.
- Proof of compelling reasons for the extended stay outside the U.S. (such as medical records, hospitalization documents, employer statements, or legal constraints).
- Evidence of continued U.S. residency intentions (utility bills, lease agreements, mortgage documents, or correspondence with U.S.-based institutions).
- Police clearance certificate from Nigerian authorities (if required).
Step 3: Submit Form DS-117 (Application to Determine Returning Resident Status)
Applicants must complete and submit Form DS-117, the Application to Determine Returning Resident Status, which is available on the U.S. Department of State website.
- The form must be printed and signed before submission at the U.S. Embassy or Consulate.
- Supporting documents should be attached to prove that the prolonged stay outside the U.S. was unavoidable.
Step 4: Pay the Non-Refundable SB-1 Application Fee
The SB-1 visa application fee is approximately $180. This payment must be made before processing begins and is non-refundable, even if the application is denied.
Payment methods accepted include credit/debit cards, money orders, or bank transfers (depending on U.S. Embassy regulations in Nigeria).
Step 5: Attend the SB-1 Visa Interview
On the scheduled interview date, applicants must appear in person at the U.S. Embassy in Abuja or the U.S. Consulate in Lagos.
During the interview, a consular officer will:
- Review the documents and determine whether the applicant meets the Returning Resident Visa (SB-1) eligibility criteria.
- Assess whether the applicant’s prolonged absence from the U.S. was truly beyond their control.
- Verify that the applicant intends to resume U.S. residency and is not using the SB-1 visa as a way to reapply for a green card.
Step 6: Medical Examination (If Required)
If the SB-1 visa is approved, the applicant may be required to undergo a medical examination at a U.S.-approved clinic in Nigeria.
This medical exam is similar to the one required for immigrant visas and includes a physical check-up, vaccination review, and medical history assessment.
Step 7: Wait for Visa Processing and Decision
Once all requirements are fulfilled, the U.S. Embassy will process the SB-1 visa application.
Processing times vary, but most applications take 2 to 6 months.
Applicants will receive:
- A visa approval notification via email if successful.
- A visa denial letter if the application is rejected, with reasons for the refusal.
If denied, the applicant may have to reapply for a new immigrant visa instead of an SB-1 visa.
Common Reasons for SB-1 Visa Denial and How to Avoid Them
- Failure to Prove Ties to the U.S. – Applicants must provide strong evidence, such as U.S. tax filings, home ownership, or employment history.
- Lack of a Valid Reason for Extended Stay – Simply staying abroad for personal reasons without compelling circumstances will likely result in denial.
- Inconsistent or Incomplete Documentation – Submitting clear and well-organized paperwork improves approval chances.
- Prolonged Stay Without Communication – If an applicant stayed away for many years without contacting U.S. authorities, their LPR status may be considered abandoned.
What Happens After the SB-1 Visa Is Approved?
Upon approval, the applicant will receive:
- An SB-1 visa stamp in their passport, allowing them to travel to the U.S.
- A sealed packet of documents to present at the U.S. port of entry.
At the port of entry, U.S. Customs and Border Protection (CBP) officers will verify documents before allowing re-entry as a lawful permanent resident.
Conclusion
Applying for a U.S. Returning Resident Visa (SB-1) as a Nigerian citizen requires strong documentation, valid reasons for an extended stay, and a well-prepared application.
For those who genuinely intended to return but were prevented due to circumstances beyond their control, the SB-1 visa offers a pathway to restore permanent residency.
By following the detailed step-by-step process, gathering the required documents, and preparing for the interview, Nigerian green card holders can successfully regain entry to the U.S. and resume their lawful permanent resident status.