SB-1 Returning Residence Visa - COVID - Consulate is close and no appointment available.

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nashib77

New Member
Hello Everyone,

Myself and my family were immigrated on permanent residents visa last yer May 2019. We maintained our financial ties and employment with USA. Unfortunately my daughter, she is 6 year old was scheduled to return to USA on May 2020 and had flight tickets and everything, but due to travel restriction of covid she was not able to travel. Now she is outside of USA for more than 1 year. We want to apply for SB1 visa but US Consulates of India is still closed for SB1 Visa service and not offering any visa interview dates. Me and my wife need to return with our only daughter who is 6 year old before Nov due to my employment. What is my other option and i am seeking help regarding reentry of my daughter in USA. Expiration date on her greencard is year 2029. I need to travel back to US as soon as possible to continue my employment but I am afraid if they would sent my daughter back (given she doesn't have SB-1 Visa). I can't stop thinking about this and any advice and help would be greatly appreciated. Thanks a lot in advance.
 
Since her green card is unexpired, she should be able to just travel back to the US and seek entry. Although technically the green card by itself is not an acceptable document for entry after an absence of more than 1 year, and if she doesn't have a re-entry permit or SB-1 visa, she technically has no valid document for a returning immigrant, the immigration officer at entry has the discretion to waive the lack of acceptable document and let her in anyway; and they are more likely to do that especially if she's not been out for too much more than 1 year and it's the first time this is happening with her, and especially because she couldn't earlier due to COVID-19 restrictions.

In the very unlikely case that the officer doesn't want to let her in, he could try to pressure her (or maybe you?) into giving up her green card by voluntarily signing I-407; but this is voluntary and she can refuse. The immigration officer has no power to revoke her permanent residency or "send her back" if she refuses to give up her green card. They can only give her a Notice to Appear in removal proceedings in immigration court. In the very unlikely case she is put in removal proceedings, she will be in the US while waiting for the hearing, and you guys will be able to present the argument (potentially with a lawyer) to the immigration judge why she didn't abandon residence. And the immigration judge is likely to side with her and cancel the removal proceedings and just let her in.
 
Thank you very much for such a detailed explanation. I appreciate very much!!!

Does he have to fill out Form I-193 (application for waiver of passport and/or visa) and pay filing fees of $585.00 at the port of entry? Sincerely appreciate your feedback. Thanks
 
nashib77 said:
Thank you very much for such a detailed explanation. I appreciate very much!!!

Does he have to fill out Form I-193 (application for waiver of passport and/or visa) and pay filing fees of $585.00 at the port of entry? Sincerely appreciate your feedback. Thanks
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I am not sure, but I have not heard of people needing this.
 
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