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ResourcesVisa & Immigration LawUS Immigration LawSB-1 Returning Resident Visas vs IR-1 Or CR-1 Re-Application?

SB-1 Returning Resident Visas vs IR-1 Or CR-1 Re-Application?

Transcript of the above video: 

As the title of this video suggests, we are discussing SB-1 Returning Resident Visas and whether or not one should reapply for a CR-1 or IR-1, that's an Immigrant Spouse Visa and we're talking about this purely in the context of spousal visas for the purposes of this video. The question posed is which one do you need? 

When do you need an SB-1 Returning Resident Visa? Well if you have been abroad for a prolonged period of time outside the United States, especially where your Green Card has expired for whatever reason, and you are trying to get back into the United States an SB-1 Returning Resident Visa may be the only option. But I also notice a lot of people overlook the SB-1 and start looking at having to reapply for an Immigrant Spouse Visa; get a new Green Card entirely. Again this is going to be driven by the facts in a given case, so take this video for what it is, it is kind of a general discussion. In many cases it may not be necessary to reapply for an Immigrant Spouse Visa. Again depending on the circumstances it might be required but I think there are more instances rather than not where an SB-1 may be the solution, may be the remedy to the issue at hand. 

So the thing to understand is there is another option if your Green Card has expired while you are abroad other than having to reapply, go back through the entire process, there may be a way to do that via an SB-1 Returning Resident Visa; there may be other options. So those who are in this sort of dilemma, it may not be a terrible idea to contact a legal professional gain some insight and guidance into how best to proceed.

I am kind of talking just generally about US Immigration here. There are a number of options available, Visa options especially, for loved ones of American citizens and Lawful Permanent Residents. It should also be noted that unfortunately there is a lot of, how do we put it, less than optimum information out on the internet, like it may be useful in one set of circumstances but you may not be in those circumstances. It's not a bad idea to contact a legal professional and get an idea of various visa options because I have noticed one of the biggest problems people make especially with loved ones, is they make a lot of presumptions about how the Immigration system works. For example, they may get married which may or may not have benefited them in terms of their Immigration status; it may have been better to wait, but now you are married and you are kind of locked in to having to deal with certain options. It is not a terrible idea just in a general sense, to contact a legal professional who is used to dealing with US Immigration in order to get a lay of the land if you will, of all of one's options with regard to Immigration to the United States.