Married w/children on SB1 Visa

G

gailey

New Member
:(

HI...

My family and I migrated to the U.S. in 1992, I was 15 then (so go figure how young I am now, haha :o ). In 1997, I had to go back to my home country to finish college. OUr last visit to the U.S. was in 1999 and since then we havent left our home country.

Just last year, my sister and I decided to apply for our returning residents visa. And we were granted the SB-1. But before that we both got married and had our own kids. I have two daughters and my sister has a son. After a couple of weeks of going back and forth to the US Consulate, we were granted our visas to return to the US as LPR's with my youngest daughter, who was just a year old then and my sister's son who was barely 6months old. My eldest daughter who was 3 yrs old at that time was not granted entry with me. My daughter and nephew both have their GC's without even filing anything else besides a letter from DHS and my sister and I are still waiting for our GC's to arrive in the mail.

OUr case is somehow unusual according to the Consulate. We overstayed for almost 6 years.

My question is, would anyone know of a way I can reappeal the Consuls decision of not letting my eldest daughter come with me? Or can I apply for her as a follow-to-join derivative now that I am here in the U.S.? Is there any way I can bring my daughter back here in the U.S. with me?

I have accepted the fact that my husband has to wait for his petition, but my daughter needs her mother. What can I do? Pls help.
 
That doesn't do her any good. As a category 2A petition, that is more than 5 years waiting time. That appears to be the only option though.

Nevertheless, OP should feel lucky that she ran into a generous consul who granted a visa despite a long absence. The returning resident visa is usually quite difficult to get.
 
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I think appeal won't work anyway. Basically law won't allow immigrant visa to your eldest daughter.

THe reason why 2 kids were granted immigrant visa is because they are under 2 years old.
There is a clause that allows LPR's kid to come to the US as LPRs if it is the first trip to the US within 2 years after birth. Since your daughter is already 3, she is not eligible to this rule.
 
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