SB-1, is my case strong enough?

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franlovera

Registered Users (C)
Hi, my family is from Argentina and when I was 5 i moved to the US with my family becuase of my dad's job. All our family got green cards, but when i was 15, my dad was relocated to Venezuela by his US company, and we all had to move out.
When we moved out, we all applied and obtain re-entry permits. I traveled 2 times total to the US in order to maintain my greencard. However, since I was underage, buying the plane tickets and traveling to the US was pretty much out of my hands. I attended and finished high school in an american school in Brazil so that I could return to the US and have a valid HS diploma. I wanted to attend college in the US but it was very expensive and my sister was studying in Argentina, so I studied in Argentina and lived with my sister. My parents could not finance my sister's stay in Argentina, their stay in Brazil and my stay in an american college, it was just too much costs. Now I'm 20 and close to finishing my bachelor's degree and want to return to the US since now I could finance my life there.

I read that in a minor's case, the will of the parents is proyected upon that of that child. In this case, my dad kept traveling in and out for the last 9 years and just last year lost his re-entry permit since the company would not pay for another renewal. He also continues to pay taxes in the US.

Do I have a chance to have the SB-1 visa approved?
Also, if I apply for this visa and have it denied, would it hurt my chances of obtaining a student visa to get a master's degree?

Thanks!
 
Resident return visa could be got since your father pays tax and proves ties with US.but since you got GC at age of 5 left US when you were 15. Had it been renewed?Check with consulate/embassy for SB-1 information.
 
I misspoke, when we arrived and I was 5, we had the visa, not a green card. Later on, when I was probably around 12 we got the GC. I know my GC expires in 2015.
 
How long ago did you last leave the US? When did your reentry permit expire?

Also, if I apply for this visa and have it denied, would it hurt my chances of obtaining a student visa to get a master's degree?
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Yes. Applying for the SB-1 shows that you still intend to immigrate, which counts against you for a tourist visa or student visa. If you voluntarily and officially surrender the green card at a US consulate with form I-407, you'll get the student visa much more easily. You can surrender the green card and apply for the visa at the same visit to the consulate.
 
Jackolantern said:
How long ago did you last leave the US? When did your reentry permit expire?
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I moved out of the US in the beginning of 2007. The last time I traveled to the US was about July 2008. I don't have my re-entry permit at hand to see when it expired, but I know it was still valid in July 2008. In your opinion, do I have a strong case for the SB-1 visa?
 
So you've been outside the US for more than 4 years, and your reentry permit expired at least 2 years ago. You've also been an adult for 2 years, so you can't use the excuse of your parents keeping you outside the US against your will.

You have a better chance of winning millions of dollars in a lottery than getting your SB-1 approved.
 
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...Man, I thought I had good chances, I started college when I was 16, almost 17, and at that point I didn't have a choice to go study in the US, it was Argentina or nothing. From a financial standpoint, being over 18 or not, I had no chance to move to the states.

Also, I checked the re-entry and it expired in april 2010.

Anyhow, if chances are low, I'll reconsider applying for the visa.

Thanks for the advice.
 
Hey, over the last few days I studied the requisites and read the 9 FAM 42.22 notes. I rebuilt my case and wanted to ask you if presenting my case this way would give me a stronger chance. Before hand, I want to thank you all for taking the time to read this; thanks!

I divided my case into two segments, First off, when I left the US and the period following this while I was a minor. Second, When I moved out to Argentina to attend college.

To prove that I left the US with the intent to return and never gave up on this intent, I have to prove that my family left the US with the intent to return since I was a minor. This is expressed in the 9 FAM 42.22 notes:

"An alien child under the age of 16 years is not considered to possess a will or intent separate from that of the parents with regard to a protracted stay abroad. Accordingly, the residence of a child under 16 follows that of the parent(s) unless you conclude that the parents have a separate intention for the child to return to the United States for residence."

Evidence supporting:
1. US company employed father overseas.
2. I attended a US school located abroad and graduated with an American diploma.
3. The original contract was 3 years long and we were going to return afterwards but the contract was extended.
4. We continue to file taxes.
5. Filed re-entry permit when we left
6. Traveled to the US from 2007 to mid-2008

Also the FAA states:
"In the absence of contrary evidence, an alien employed outside the United States by a U.S. employer would not likely be considered to have abandoned U.S. residence. Although an alien who lives and works in a foreign country, but merely returns to the United States for brief visits periodically may still be found to have abandoned LPR status."

This all supports my case up onto the point where I graduated High School (2010) and my re-entry permit expired. At this point I was still an LPR that had not given up his intent to return. Thus, when I choose to attend college in Argentina, I was a US resident that decided to study abroad. There is a specific clause in the notes that states:

"Several decisions by the DHS Administrative Appeals Office (AAO) relate to LPR students studying abroad. Students who wish to retain LPR status should present evidence of a definitive graduation date. Even prolonged absences from the United States may be considered temporary if the LPR can present evidence of a receipt of a degree within a definitive time. Consular officers should take into account whether students return to the United States at the end of each academic term, or whether they have family still living in the United States. Evidence of property ownership, or a bank account in the United States, may indicate the student intends to return to the United States upon completion of studies."

Once I finish College (2014) I would love to return to the US. I did not return to the US in between semester and I do not have family there (only a cousin). I, however, do have several friends and can prove I have social ties. My family does have bank accounts in the United States. I was also never employed abroad.

Again thank you all for taking the time to read this.

Thoughts, opinions??

Looking forward to your opinions.
 
I still think your chances are very low at this point, but if you're going to try for the SB-1 anyway, get an immigration lawyer to write up a letter in support of your application, quoting some relevant precedents and regulations. If you can't find one in Brazil, there are many in the US who will work with you over the phone and Internet. Just be aware that trying for the SB-1 may destroy your chances for a student visa.
 
Gentleman,

I would say your chances of being approved are Slim to none and I saw Slim leaving town a year ago. Normally I will advise you to stop chasing after this red herring especially since you plan to get a masters in the USA thus you can get an F1. You don't want that door to be shut to you because you showed immigration intent in applying for the SB-1.

However because I don't think if you get admitted to a reputable masters degree and show you can afford to finance it, they will deny you an F-1 even if you pursue the SB-1 visa, I will say if you have the money to blow on the SB-1, sure go for it! You really don't have too much to lose.

Best.

franlovera said:
Hey, over the last few days I studied the requisites and read the 9 FAM 42.22 notes. I rebuilt my case and wanted to ask you if presenting my case this way would give me a stronger chance. Before hand, I want to thank you all for taking the time to read this; thanks!
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I have great news. My sister yesterday got her SB-1 visa approved. Our cases our very similar except that she has not returned to the US for over 6 years, she did not attend a US school abroad, and did not apply for a re entry permit. All she had in her favor were the clause in the FAA rules that states that students studying abroad do not necesarly lose their greencards and that my father still pays taxes.
I'm overjoyed.
Thanks for your feedback and for opinions.
 
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well, the first step of my case was approved yesterday, and my sister's second step was approved yesterday as well. So things are looking bright.

Thanks.
 
franlovera said:
well, the first step of my case was approved yesterday, and my sister's second step was approved yesterday as well. So things are looking bright.

Thanks.
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What's the update on this? :) Did they approved your sb-1 visa and did you get to return to the US as a green card holder?
 
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