SB-1 visa (Returning Resident Visa) Eligibility HELP

gabs1972

New Member
Hi to all, I have been trying to relocate back the US for the last years but unfortunately do not have the green card/working visa. I saw this forum and decided to try and ask for help, as I saw a possible Visa opportunity today: the SB-1 immigrant visa (Returning Resident Visa).

Just to give you a brief overview:
  • I am italian and my family all lived in New York between 1980 – 1985. We all had green cards. We are in 6 in the family. I still have physically in my hands the green cards of my dad, mom, and sister. Unfortunately I do not have mine, but I have the photocopy of my old passport with the green card number on it.
  • In 1985 we moved back to Italy because of my father’s job which is also what had brought us to the US. I was only 13 years old, so a minor thus could not decide to stay in the US but had to follow my father and mother.
  • However, I always wanted to return to the US, so in 1997 I entered the US on a Student visa and attended University (in NY) where I graduated in 1999 with a BBA. I was working at the same time while graduating, and also for 1 year after graduation. I would have looked for a sponsorship, but in February 2000 I decided to move back to Italy because my dad had several brain hemorrhages, and my mom and dad needed me near them to help.
  • I still have the documents in my hands regarding this period (1997 - 2000):
    • My Social Security number
    • My Driver’s license
    • My Student card from University
Looking at the Returning Resident Visa (SB-1 immigrant visa) qualifications, it seems I could qualify but need to understand if I am really eligible. A lot of time has passed by, but I have always tried to go back, and I can't see anywhere mentioned that only within a certain amount of years one can apply. I see no timeframe.

Looking at the requirements:
1) Had the status of a lawful permanent resident at the time of departure from the United States;
YES I WAS in 1985 when we left

2) Departed from the United States with the intention of returning and have not abandoned this intention;
YES, but I was a minor so I couldn’t do otherwise. Later, I always tried to return, in fact I went to college (and worked in NY and NJ), I am always participating in the green card lottery (have the numbers to prove it) and have been responding to job postings (have emails to prove), and have asked my current company to be relocated in USA (but no luck).
Moreover I have family ties I have a sister which lives in NY (American born) and a brother which also lives in NY (has a green card).
3) and are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.
I had to stay abroad, I was a minor.

Anyone has some good advice?
Should I try to apply, would I have a chance?

Thanks
Gabs
 
Hi Thank for your answer.
Are you sure? Are you an immigration lawyer? Sorry if I ask but as you can see I am new to the forum
 
I got it from the Foreign Affairs Manual. See 9 FAM 42.22 N5 (on page 13 of this PDF)
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.
 
Hi, thank you for the pdf!
I read the paragraph:

"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."

But since I keep trying to go back, and went to University, worked, etc... couldn't that be considered a separate intention?
 
Hi, thank you for the pdf!
I read the paragraph:

"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."

But since I keep trying to go back, and went to University, worked, etc... couldn't that be considered a separate intention?
It says for the parents to have the intention, not for you to have the intention.
 
Yes, exactly... I mean
"the parents have a separate intention for the child to return to the United States for residence."
So my parents intention is/was that to stay in Italy which is separate from my intention to move to the US

I know it is a far fetch and quite equivocal but if there is a minimal chance I want to try it...
What do you think??
 
Last edited:
Yes, exactly... I mean
"the parents have a separate intention for the child to return to the United States for residence."
So my parents intention is/was that to stay in Italy which is separate from my intention to move to the US

I know it is a far fetch and quite equivocal but if there is a minimal chance I want to try it...
What do you think??
No. It says the parents have the intention for the child to return to the US. Not that you have the intention. Your intention is irrelevant.
 
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