SB1 - returning resident determination DS-117

#1
Hello. I have question regarding SB1 visa.
What are the chances of DS-117 application being rejected if the person
has a valid green card (since it was issued in 1983 when the
greencards dint expire) but the person couldnt come until now.
The reason being that the person was merely a kid of 4 years old and his parents had to move back to take care of the ailing grandmother.
Now the person is financially stable enough an educated enough to make a living and a life here and would like to come so i need help and want to know what kind of proof the embassy wants to see to determine that the resident should be allowed to come back. also it says that the fee for DS-117 is $400? do they require any other fees etc.
thanks
 
#2
Sb 1

For a returning resident visa you need to prove that circumstances were beyond your control that prevented you from returning to the US in time. Since you were 4 years old when you came back to Pakistan it might be possible to prove.

The expiry date of the green card is irrelevant it's the status which means you cannot stay out of the US form more than a year on a green card, if you do you loose your status.

PS. I am a former US embassy employee
 
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#3
Generally the requirement to qualify for a returning resident visa are:

An LPR (Legal Permanent resident) who has remained outside the United States for more than one year may be eligible for returning resident status if the consular officer is satisfied
that:

(1) The alien departed the United States with the intention of returning
to an unrelinquished residence and

(2) The alien’s stay abroad was for reasons beyond the alien’s control
and for which the alien was not responsible.

Now in your case the first condition is interpreted as follows:

'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 the consular officer concludes the

parents have a separate intention for the child to return to the United

States for residence.'

Now coming to the second condition I will quote an example:

'In a particular illustrative case of protracted stay abroad by a child, an

alien, born in Bermuda in 1941, was formally adopted at the age of six

months. The adoptive mother and child were admitted for permanent

residence in 1949 but approximately 10 months later the child was

returned to Bermuda because the adoptive mother reportedly was unable

to care for the child properly and work at the same time. The child

remained in Bermuda for six years, most of the time in the custody of a

guardian. The adoptive mother in the United States contributed regularly

to the child's support but never visited the child. When nearly 14 years

of age, the child applied for a special immigrant visa as a returning

resident alien under INA 101(a)(27)(A). The Department determined that

the child's protracted stay abroad was for reasons beyond the alien's

control and, therefore, had not affected the child's status as an alien lawfully admitted for

permanent residence.'

I have done a similar case as well (Nowadays, I am running a American Immigration Consultancy service at Lahore, Pakistan). It was a case of a LPR family who returned to Pakistan when the child was a minor. The father did not want his wife and child to return to the U.S so he took away their green cards and other travel documents. When the child was about 19 years old he found out about his LPR status and he applied for an SB-1 along with his mother and they were granted Returning Resident status on the grounds that circumstances were beyond their control although both of them had no ties in the U.S

In my opinion you should definitely try for an SB-1 you have a good chance to qualify. The only problem in such cases is that the decision on these cases largely involve the discretion and judgment of the Consular Officer rather than any hard and fast rules. Therefore, it is hard to predict the outcome accurately.

What you should do is attach a detailed statement explaining your circumstances along with the application form in the light of the above guideline.
 
#5
Question about DS-117 and conditions for approval

I would like to ask you about the possibility of my wife getting an approval on a DS-117 under the following circumstances:

My wife and I married in Montreal, Canada on Jan. 1, 1994. She is a naturalized Canadian citizen and I am a native born US citizen. We have one child born in the USA on Jan. 6, 1995. We have always lived together as a family.

My wife lived with me in the USA for about a year and a half at the beginning of our marriage and she got a green card. We left the USA on Sept 15, 1995 and took up long term residence in the UAE where I found employment after I lost my US-based employment.

Naturally, after one year outside the USA, her green card expired as per the regulations. Now, we also surrendered the physical card at the US Embassy in Abu Dhabi when they asked for it about two or three years ago but we have a copy of it and she still has her social security number card.

Now, in light of these circumstances and my Canadian citizen wife was accompanying a US citizen husband and child, both native born, abroad do you believe she would get a DS-117 approved and renewal of her Green card by USCIS?
 

BigJoe5

Registered Users (C)
#6
I would like to ask you about the possibility of my wife getting an approval on a DS-117 under the following circumstances:

My wife and I married in Montreal, Canada on Jan. 1, 1994. She is a naturalized Canadian citizen and I am a native born US citizen. We have one child born in the USA on Jan. 6, 1995. We have always lived together as a family.

My wife lived with me in the USA for about a year and a half at the beginning of our marriage and she got a green card. We left the USA on Sept 15, 1995 and took up long term residence in the UAE where I found employment after I lost my US-based employment.

Naturally, after one year outside the USA, her green card expired as per the regulations. Now, we also surrendered the physical card at the US Embassy in Abu Dhabi when they asked for it about two or three years ago but we have a copy of it and she still has her social security number card.

Now, in light of these circumstances and my Canadian citizen wife was accompanying a US citizen husband and child, both native born, abroad do you believe she would get a DS-117 approved and renewal of her Green card by USCIS?
As the spouse of a USC, it's just as easy (probably easier) for you to file a new I-130 and re-immigrate her. A returning resident visa requires a full medical etc.. just like any other Immigrant Visa application. The SB-1 starts with the DS-117 and if approved requires the DS-230 again. An I-130 only costs $20 more BUT it requires less evidence (merely proof of relationship) BUT the DS-117 requires all that other subjective evidence of intentions and ties to the U.S and things being out of one's control plus the relationship info. The only advantage for her to get an SB-1 would be the ability to file an N-400 for naturalization 9 months sooner than re-immigrating.
 

yogi123

Registered Users (C)
#7
Travelling back on GC outside US for 9 months after first re entry permit expired

Hi,

Can you please advice on my case:
GC holder since 2005, filing taxes as resident since 2005 to 2011.
Left US on AUG 2008 for employment in Dubai for US Company. N470 Filed approved for period AUG 2008- AUG 2010.
Re entry permit approved thru NOV 2010.
Could not make any trip back to US during that time period.
Lost job in Dubai in July last year but got another job in Sept 2010 again for US Company in Abu Dhabi. But haven't filed for N470 or re netry permit with new company since I could not be in US.
Would like to travel later this month to US back to my residence place in California.
My Imm Lawyer in Calfornia believs there is no risk as such as I am still withn 1 yr period since last N470 or last re entry permit.

However would like to know your opinion as well. Can I travel on GC without any hassles at POE?
I maintain local bank a/c and LLC business in california with taxes filed every year since 2005 as resident. Don't own house/porperty as such but share local home adress with my cousin.
Should I opt for DS117 locally in ABu Dhabi instead? Don't want to loose by GC or having it rescinded at POE.

Pl. advise at your earliest.
Thanks
 
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BigJoe5

Registered Users (C)
#8
Hi,

Can you please advice on my case:
GC holder since 2005, filing taxes as resident since 2005 to 2011.
Left US on AUG 2008 for employment in Dubai for US Company. N470 Filed approved for period AUG 2008- AUG 2010.
Re entry permit approved thru NOV 2010.
Could not make any trip back to US during that time period.
Lost job in Dubai in July last year but got another job in Sept 2010 again for US Company in Abu Dhabi. But haven't filed for N470 or re netry permit with new company since I could not be in US.
Would like to travel later this month to US back to my residence place in California.
My Imm Lawyer in Calfornia believs there is no risk as such as I am still withn 1 yr period since last N470 or last re entry permit.

However would like to know your opinion as well. Can I travel on GC without any hassles at POE?
I maintain local bank a/c and LLC business in california with taxes filed every year since 2005 as resident. Don't own house/porperty as such but share local home adress with my cousin.
Should I opt for DS117 locally in ABu Dhabi instead? Don't want to loose by GC or having it rescinded at POE.

Pl. advise at your earliest.
Thanks
Your lawyer is an idiot.

The coverage from your N-472 (the N-470 Approval) ceased when you lost your job. Your new employment is outside its scope. You have overstayed your REP validity and are in deep doo-doo. IF an airline allows you to board a plane to the U.S. in your current situation, CBP will refer you to an IJ.

You may have a case for an SB-1 visa. Inquire at the U.S. Consulate or Embassy nearest to you about that possibility.

Depending on how you originally immigrated, you may have to start over again.
 
#9
Chances of SB1 Approval

Hello Sir,
I got green card through a family member in 2004. So I went to US that time and took extension as I was studying. Went to US before the expiry of First reentry date and again applied for Reentry as my education was not completed and got extension till 2009. After education my parents forced to get married and I got married. But my marriage was a disaster and now I filed for Divorce. I want to activate my green card again. Please let me know the chances of SB 1 approval.
 
#10
ds-117

I would like to ask you about the possibility of my wife getting an approval on a DS-117 under the following circumstances:
My name is jose and am a little nervous about filling out the ds-117 due to not wanting to be rejected........

I came to dominican republic to see my son and family and during that time, at the 11th month of being here i rented a car for a family purpose....
The vehicule that i rented got damaged and the rent a car tried to charge me an amount of money that i didnt have, they stood with my papers until i could get the money, since i was only 18 years old at the time and didnt really know better, i decided to try and get the money to pay them, since the amount was too much, the 2 years passed and when i went to the embassy, they told me to fill out that form..........

My only problem is that i got no type of paper work for that case to prove it......
Any advice?
 

ksroy

New Member
#11
Hi My parents are green card holders in usa and they are in india for last 11 months and they are required to return to usa on or before 25 July, 2014 but the case is that my mother got treatment for low grade cancer here in india and she is required to go to Doctor for regulatr check up after 3 months. And she also had just got the major surgery on 27 July, 2014 so now she is unable to travel to USA on or before 25 th July, 2014. My father is taking care of her. So i got the answers from UStravels site that they can apply for SB1 visa. So my questions are :
1) Is there any time limit during which they are required to apply after 25 July 2014.
2) Will they be able to get the Visa to USA if yes then will it be the Immigrant visa with green cards that they hold presently before 25 th July 2014, If it is immigrant visa then the period for which they have stayed in USA as green card holder will be counted for the citizenship.
Please reply with suitable answers as no offiial either from USA or India is giving answers to my questions My email id is k_sroy2001@yahoo.co.in
Thanks
 
#12
Hi,
I have similar case .I was issued GC when I was minor in 1988 and then had to return back with my parents.
Had to return my GC as my company was sponsoring Business visa .
Can I try for return resident Visa as circumstances then were not under my control .
 
#13
Hi,

I travelled to Pakistan with three kids 7 years old daughter and twins 14 months. I have surrendered my residence card GC in October 2013 as my husband told me that we are gonna settle in dubai and he declared me as federal agent and I was fool enough who surrendered my resident card. Soon I declared that in embassy he gave me divorced and escaped from Pakistan with my elder daughter. I have struggled alot and recovered guardianship of my twin kids in Pakistan.

Long story short is my twins are US born and citizen and I want to resume my resident card. Should I apply for SB1 or any humble advise pls. I want to grow my kids in US. Pls share your advise
 

Sm1smom

Super Moderator
#14
Hi,

I travelled to Pakistan with three kids 7 years old daughter and twins 14 months. I have surrendered my residence card GC in October 2013 as my husband told me that we are gonna settle in dubai and he declared me as federal agent and I was fool enough who surrendered my resident card. Soon I declared that in embassy he gave me divorced and escaped from Pakistan with my elder daughter. I have struggled alot and recovered guardianship of my twin kids in Pakistan.

Long story short is my twins are US born and citizen and I want to resume my resident card. Should I apply for SB1 or any humble advise pls. I want to grow my kids in US. Pls share your advise
You’re not eligible for SB1, you surrendered your GC which effectively means you’re no longer a LPR of US whatsoever.
 

1AurCitizen

Registered Users (C)
#15
Hi,

I travelled to Pakistan with three kids 7 years old daughter and twins 14 months. I have surrendered my residence card GC in October 2013 as my husband told me that we are gonna settle in dubai and he declared me as federal agent and I was fool enough who surrendered my resident card. Soon I declared that in embassy he gave me divorced and escaped from Pakistan with my elder daughter. I have struggled alot and recovered guardianship of my twin kids in Pakistan.

Long story short is my twins are US born and citizen and I want to resume my resident card. Should I apply for SB1 or any humble advise pls. I want to grow my kids in US. Pls share your advise
If you formally surrendered the GC using form i407, you are not eligible for SB1.
If the kids' father a US citizen?
Long term, either of the twins could sponsor you for a green card once they turn 21 yrs of age.
 
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