Returning to US after 4 years!!1 Pl Advice..

sagarpanj

New Member
Dear All,

This post helped me a lot when I was in process of getting my GC, and I am sure I will get help this time as well.

Here is my situation.. I got my GC in 2001, and came to India for extended family vacation in early 2002 (March) with getting Return Permit. In May 2002, when I was planning to return to US around June/Aug I lost my younger brother in accident. The incident shaken me and my family to great extend. My parents went in depression and being the only son now, I decided to stay with them. I am married , and my wife was pregnant when this tragic event took place; this incident also affected my unborn child that time. My child was born in Sept 2002 with heart disease and major issues with her heart pumps - responsible for pumping blood In and Out. She had to undergo the open heart surgery to ensure that she doesnot succumb to this disease. She went through the surgery in March 2004, and was adviced to be away from any school and public places for a year or so. All this time, I struggled to bring my family out of this episode to live a normal life.

* My REP expried in 2004.
* I filled all my returns since then
* I dont have any investments maintained in the US
* I do have a credit card and Bank, which I continued to use

My questions are

* Do I need to apply for Returning Resident Visa? or I can travel with my GC and prove my intent at POE in US?
* How long it would take for me to get ( if at all I may get that) SB-1 from the day I apply at US Consulate?
* Once I get my SB-1, can I travel back to India for short trips?
* What next after SB-1?
* Finally, does anyone ( incl JoeF) that I may not get the opportunity to retain my GC?

Request your early response to my this post as I plan to visit to US to venture the opportunities with My Co's Head Office. I am confident that I would get a job in US without much difficulty and time.

JoeF, request your time on this post, and thank you for your attention.

- Sagar.
 
sagarpanj said:
My questions are

* Do I need to apply for Returning Resident Visa? or I can travel with my GC and prove my intent at POE in US?
* How long it would take for me to get ( if at all I may get that) SB-1 from the day I apply at US Consulate?
* Once I get my SB-1, can I travel back to India for short trips?
* What next after SB-1?
* Finally, does anyone ( incl JoeF) that I may not get the opportunity to retain my GC?

Request your early response to my this post as I plan to visit to US to venture the opportunities with My Co's Head Office. I am confident that I would get a job in US without much difficulty and time.

JoeF, request your time on this post, and thank you for your attention.

- Sagar.

Yes, you do need to get an SB-1 visa. Legally, after an absence of more than 1 year, a green card is not a sufficient document for reentry: either a valid reentry permit or an SB-1 visa is required in that case. A reentry permit is not an option for you since you must apply for it while in the U.S. and a reentry permit can only be used when coming back from an absence of less than 2 years anyway.


So, legally, your only option appears to be an SB-1 returning resident visa (or applying for a new green card from scratch).
I don't know much about SB-1 visas. Although your case is sympathetic, with a 4 year absence I would imagine that getting an SB-1 visa will be extremely hard.
 
Thanks Baikal3. JoeF or anyone knows about the SB-1 Visa. If yes, pl reply to questions I have posted in my original post.

Thanks in advance.
-sagar
 
Your circumstances would suggest that you would be eligible for an SB-1 visa. I would however recommend that you consult with a lawyer who can help you prepare your case when you apply for the visa. I would do this soon.

BTW, JoeF no longer posts in this forum (some sort of a self imposed exile). If you want his advice you would need to post on the google group misc.immigration.usa. He goes by the name "Joe Feise" in that forum. His advice can be often discouraging, so make sure you seek a second opinion.

Good luck
 
Thank you byegeorge and ginnu. You guys are amazing.
Ginnu, I am in Mumbai, pl mail me contact details of the lawyer you mentioned, this would help immensly.

More responses to this post appreciated.

- sagar ( sagarpanj@gmail.com).
 
sagarpanj said:
Thank you byegeorge and ginnu. You guys are amazing.
Ginnu, I am in Mumbai, pl mail me contact details of the lawyer you mentioned, this would help immensly.

More responses to this post appreciated.

- sagar ( sagarpanj@gmail.com).
Poorvi Chothani is the correspondent attorney in Mumbai, India for Cyrus D. Mehta and Associates, P.L.L.C.( www,cyrusmehta.com) She has graduated with an LL.M. degree from the University of Pennsylvania Law School, and is admitted to practice law in to the State of New York. She may be contacted in Mumbai at (22)-2218-1372 or 98209 39666.)
 
hi,

-i along with my wife and 2 daughters were given green
card in 1985 as my brother is us citizen.
-only i arrived at usa did job there (had ssn and tax
returns) for 4 months.
- i had to come to india as i had to take care of my
parents and family and was time of blue star then.
- a son was born to me in '87.
- now my parents have expired and my brother and i
want re-union.
- is it possible to get returning resident status
immigration now.
- at present my elder daughter is dependent of h1b
visa husband.
- younger daughter is above 21 and studyin in india.
- my son under 21 is studyin in india.

kindly guide me.

regards
bk singla
 
nitinsingla0999 said:
hi,

-i along with my wife and 2 daughters were given green
card in 1985 as my brother is us citizen.
-only i arrived at usa did job there (had ssn and tax
returns) for 4 months.
- i had to come to india as i had to take care of my
parents and family and was time of blue star then.
- a son was born to me in '87.
- now my parents have expired and my brother and i
want re-union.
- is it possible to get returning resident status
immigration now.
------------------- it is a long time you left US I dont think you will get SB1 visa
- at present my elder daughter is dependent of h1b
visa husband.
--------------- she can get H4 visa and can come to US
- younger daughter is above 21 and studyin in india.
- my son under 21 is studyin in india.

kindly guide me.
-------------------- talk to:in Mumbai at (022)-2218-1372 or 98209 39666.)
Poorvi Chothani is the correspondent attorney in Mumbai, India for Cyrus D. Mehta and Associates, P.L.L.C.( www,cyrusmehta.com) She has graduated with an LL.M. degree from the University of Pennsylvania Law School, and is admitted to practice law in to the State of New York. She may be contacted in Mumbai at (22)-2218-1372 or 98209 39666.)
regards
bk singla
 
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