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As the title of this video suggests, we are discussing SB-1 Returning Resident Visas. For those who are unaware, the SB-1 Returning Resident Visa is a Visa that allows someone who has previously had a Green Card, AKA Lawful Permanent Residence in the United States, to allow them to return to the United States if they have been abroad for a fairly prolonged period of time. 

Now the other component of the title of this video discusses expiration of Green Card. Expiration of Green Card is going to have an impact on whether or not, in in my mind it is a big question as to whether or not you are going to need an SB-1. If you have been gone from the United States for a prolonged period of time and by prolonged period, I would say definitely over 6 months, more like over a year, but again circumstances will kind of dictate what you are looking at with regard to the exact amount of time. There is no exact amount of time at the end of the day that sort of triggers a switch that says you have lost your residence. It is left in this kind of nebulous area wherein you have to figure out okay is there a presumption of abandonment of Immigrant status, a presumption of abandonment of Residence in the United States. If you are gone five years, yeah I think reasonable people could say, look I mean we inferred that meant you were done living here. At the same time, if you are gone nine months, I don't think you can make that inference really at all but where between 9 months and 5 years? Again there is no bright line rule in any meaningful sense. 

That being said, it is worth noting that definitely if you have gone abroad and your Green Card has expired and you have been gone for a while, you are probably going to have to deal with getting an SB-1. If it is unexpired, again it gets into this nebulous area where how long have you been gone, the Green Card is unexpired but now we need to kind of look at the totality of the circumstances. Honestly under any circumstances where you believe you need an SB-1 Visa and this isn't me sort of selling my own book or whatever, this gets complex. I mean SB-1s and the issues surrounding them are vexing even to pretty experienced Immigration Attorneys. Look I am a pretty unique Immigration Attorney insofar as I have been based abroad for all of my career basically and so I see this from the other side of the perspective whereas most Immigration Attorneys look at it from filing in the US and then dealing with the stuff abroad as kind of the more anomalous thing or they are less able to deal with it, sort of in a nuts and bolts capacity. They are less able to kind of get their hands dirty with the stuff that happens abroad. I am able to do that; I deal with stuff that happens abroad all the time, outside the United States. The point I am trying to make is if you are even looking at this, it is probably a good idea to contact a legal professional and gain some insight and guidance into how best to proceed.