Transcript of the above video:

As the title of this video suggests, we are discussing the SB-1 Visa Returning Resident Visa. For those who are unaware and we have done a number of videos on this channel this is for folks that have a Green Card but perhaps they went abroad and they spent a substantial amount of time abroad and now they are worried about the presumption of abandonment of residence has come up and they want to go ahead and obtain an SB-1 Returning Resident Visa so that basically they can just walk right in to the country. They don't have to worry about whether they are adjudicated to have abandoned their residence.

Now, I want to be very clear, if you are looking at the SB-1 and you have for example an expired Green Card or you got caught abroad because of COVID, you really need to contact a legal professional because there is no one size fits all analysis here. Different folk’s circumstances may dictate different courses of action. It may not behoove someone to seek an SB-1 depending on the facts in their case. It may definitely behoove another person depending on the facts in their case. So understand this.

But the question is why two appointments? Well basically there are two adjudications going on here. One is whether or not one is basically a resident and determining whether or not they are eligible to be a Returning Resident. The second part is the actual adjudication of processing of the Visa itself, at least through the US Embassy here in Thailand, I should probably point that out. That is where we have been dealing with most SB-1s we have been dealing with out of the US Embassy here in Bangkok. But yeah it is a bifurcated approach where it needs to be determined a) if one is eligible to even apply for one and then b) put that person through the process. So in a sense there is a two pronged approach; sort of a double appointment system associated with the SB-1. 

Again those who are thinking about the SB-1, you really want to have a legal professional take a look at your case because there are circumstances where it is definitely beneficial. There are circumstances I have seen here recently where it may not be in the best interest of that person to even seek an SB-1. Again, it is all going to be circumstantially dependent. Seek the assistance of legal counsel in order to make the best determinations in your case