If your Application to Determine Returning Resident Status is Not Approved?

  1. Qualifying for Returning Resident Status
  2. Applying for Returning Resident Visa
  3. If your Application to Determine Returning Resident Status is Not Approved?

If the Consular Officer determines that you do not meet the criteria for a Returning Resident (SB-1) immigrant visa, then you would need to obtain a new immigrant visa.

You may also qualify for a non-immigrant visa, however, under U.S. immigration law, every applicant for a non-immigrant visa must overcome the presumption that he or she is an intending immigrant. Applicants must demonstrate strong ties to their residence outside the U.S. to qualify, making a non-immigrant visa visa difficult to obtain immediately after a SB-1 visa application is denied.