Hello,
I'm a US citizen. I sponsored my dad to apply for green card in Sep 2008. While he was waiting for approval, he had to go back to China for an emergency. He applied Advance Parole and got approved.
In Jan 2009, he left US. In March 2009, his green card was approved.
My dad wanted to sell his apartment in China then come back to US. While he was waiting for a buyer, he got diagnosed with a heart problem, and he was in and out of hospital several times, and his doctor recommend he complete his treatment before he left for US. So he over-stayed.
So now he already stayed outside US for over 12 months. I didn't know he wanted to come back to US, but now he does want to come back to US.
I read some info from various web site, they all say you can apply for SB-1 visa for returning resident if you can satisfy several conditions. One of them is that the applicant of SB-1 visa is a lawful permanent resident the last time he departed from US.
But in my father's case, he was not a green card holder yet. He used Advance Parole.
Does it mean my dad cannot apply SB-1 visa for returning resident?
Please help!
P.S. 1. In China, apply for SB-1 requires $400 + $400 = $800 !
2. My mom received her green card, and she came to US last year then went back to care for my dad. She stayed in China under 6 months.
I'm a US citizen. I sponsored my dad to apply for green card in Sep 2008. While he was waiting for approval, he had to go back to China for an emergency. He applied Advance Parole and got approved.
In Jan 2009, he left US. In March 2009, his green card was approved.
My dad wanted to sell his apartment in China then come back to US. While he was waiting for a buyer, he got diagnosed with a heart problem, and he was in and out of hospital several times, and his doctor recommend he complete his treatment before he left for US. So he over-stayed.
So now he already stayed outside US for over 12 months. I didn't know he wanted to come back to US, but now he does want to come back to US.
I read some info from various web site, they all say you can apply for SB-1 visa for returning resident if you can satisfy several conditions. One of them is that the applicant of SB-1 visa is a lawful permanent resident the last time he departed from US.
But in my father's case, he was not a green card holder yet. He used Advance Parole.
Does it mean my dad cannot apply SB-1 visa for returning resident?
Please help!
P.S. 1. In China, apply for SB-1 requires $400 + $400 = $800 !
2. My mom received her green card, and she came to US last year then went back to care for my dad. She stayed in China under 6 months.