SB1 returning visa vs start over the process

#1
Hello y'all,

I've been a permanent resident since 2001, 3 years ago I traveled to a latin american country, someone stole my wallet (with my GC inside), passport and everything else, and I had to travel using a spanish safe-conduct to be able to get out of that country.

I came to Spain and i wasn't able to travel to the US due the economical critical situation I was involved and 'cause my mother was really sick and my other brothers have being in a really bad situation. I ended up staying here to help them out.

Now that my situation has improved considerably I'd like to, somehow, get my permanent resident status back and live in the US.

I'm still married to a US Citizen; we haven't being living as a couple all these years, but we maintain a good relationship and call each other every single week.

My question is, what's the best way to get back to the US and recover my status:

1- SB1 visa through US embassy

- I know my argument is not enough to get a SB1 approved. However, if I show my US taxes, my ties to the US and my wife comes with me to the interview, would that help?

2- Start the process all over again.

3- Travel to the US, just with my spanish passport, and ask for a immigration judge to sort things out


What do you think and what do you recommend me ?

Thank in advance.
 

Jackolantern

Registered Users (C)
#2
If you enter the US with the visa waiver, that would be held against you when you face the judge and plead for your permanent resident status. I think #3 is a hopeless cause.

Your chances of success for the SB-1 are low because you waited so long, but it is generally approved or denied with a few weeks and costs less than going through the whole process all over again, so it might be worth a try before going through the full-blown green card process again.

Bring as much documentation as you can to support your case -- the police report from when the wallet was stolen, evidence of the special arrangements you took to get out of that country, your mother's medical records (and death certificate if she did not survive). Also your marriage certificate and a notarized affidavit from your wife requesting that you be allowed to return, plus evidence of her having US citizenship and still living in the US. With a well-documented application you might get lucky and have them sympathize with your situation and give you the SB-1 for the sake of reuniting you with your wife more quickly, and to spare themselves the extra work of processing you for a whole new green card.

Another option, albeit a bit risky and frowned upon, would be to travel to the US with your passport, enter as a visitor, and then apply for a whole new marriage-based green card via adjustment of status. I mean filing the mountain of paperwork (I-130, I-485, I-864, I-693 medical etc.) that new applicants file, not applying for a renewal or replacement green card. Wherever the forms ask if you've applied for permanent residence before and what was the outcome, admit that you were granted a green card before, but you abandoned it by staying outside the US for 3 years (otherwise there may be some confusion if they notice that you still have an unrevoked green card out there). Of course, your wife must actively support this, as she will need to sign some of the papers and demonstrate in the interview that she is genuinely interested in reviving the marriage after the separation.

The problem with that option is that you must be able to get past immigration without lying ... you need to hope they don't ask if you're married, because if they know you're married they probably won't let you in as a visitor. In additon, you must file the adjustment paperwork within the 90-day time limit of the visa waiver, or denial will be nearly automatic.
 

Jackolantern

Registered Users (C)
#3
If your wife is living outside the US in the same country as you, and she intends to return to the US with you, there's still another option -- Direct Consular Filing. That would be redoing the green card process again, but it is handled entirely by the consulate and usually take 3-4 months. However, not all consulates have this, and those who do will have certain criteria for who they'll accept, so you need to contact the consulate first to find out.
 
#4
Dear Jackolantern,

First of all, I'd like to thank you for your time and help. I talked to my wife and I think we're not willing to take risks. So we're thinking about filling the I130 and start the process from scratch.
I check with the US embassy in Spain and they don't accept direct consular filling anymore (since 2011). So we have to send the form directly to the USCIS overseas.

She's being living in the US all this time, she's a flight attendant, so we can easily demostrate that she's being traveling every 2-3 months to Spain (it's free for her anyway).

Here's the URL for IMMEDIATE RELATIVES from the US embassy in Madrid. It says:
The petitioner is not required to attend the immigrant visa interview. Applicants must schedule their medical exam, and pay the medical fee (in Euros only) directly to the clinic.
Does it means that once the I130 is approved I don't have to pass an interview to get my immigrant visa?

I have another quick question for you (or anyone willing to help).
- What's happened with my alien #? Are the going to assign me a new one? and What about my SS number?

I guess the rest of the process will be just like the first time...

Thanks in advance
 

Jackolantern

Registered Users (C)
#6
I check with the US embassy in Spain and they don't accept direct consular filling anymore (since 2011).
Even if they still allowed DCF, they probably wouldn't allow it for your situation because your wife is living in the US. DCF is generally allowed only if the USC spouse has been living in the same country as the immigrant spouse for at least a few months.

So we have to send the form directly to the USCIS overseas.
You mean she would send the form directly to USCIS from within the US. She lives in the US and will file the I-130, not you.

Does it means that once the I130 is approved I don't have to pass an interview to get my immigrant visa?
The petitioner would be your wife. She doesn't have to attend the interview, but you do.

I have another quick question for you (or anyone willing to help).
- What's happened with my alien #? Are the going to assign me a new one? and What about my SS number?
Anywhere the form asks for your A#, use the same A# that's on your green card. Otherwise you may get a second A# assigned, which could create confusion and delays. You will also keep the same SS#, so on the DS-230 form say No to the question where it asks about issuing a Social Security card.

Once you apply for a green card and receive an A#, that A# sticks with you for life and you should use the same A# for all future immigration processes. Even if/when you become a US citizen, the A# will be on your citizenship certificate.

I guess the rest of the process will be just like the first time...
Another difference is that if you have worked long enough in the US to accumulate 40 quarters of Social Security credits, the Affidavit of Support (I-864) would be unnecessary, and you'd file I-864W instead.
 
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Jackolantern

Registered Users (C)
#7
Oh, another question. How long it takes from the I130 filling to get my immigrant visa (more or less)
THanks!
6-12 months. Which is why I still suggest giving the SB-1 route a try. If the SB-1 is successful you can be back in the US within 1 or 2 months. While the chances of success are low, it's not hopeless. If your wife can be with you at the SB-1 interview to plead for your return, they might sympathize with her enough to approve your SB-1. Their priority is serving US citizens, so they might approve it for her sake even if they don't give a damn about you.

If the SB-1 fails, you simply go the longer route with the I-130, no harm done by trying for the SB-1 (except a little time and money).
 
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#8
Green card lost (but not expired) and applying for a SB-1????!!! Help!

Hi everybody!

I need your help! My stepson came from Argentina. He got his green card which will expire 04/04/2018. After a while in US, he returned to Argentina, but now he has been stay there for more than 1 year. Now, he wants to comeback to US, study here and stay here. Now, my questions are:

1. Even though he lost his green card (he keeps a copy for his records), and is not expired, he has been living in Argentina for more than 1 year (her mom threats him to kick him out of her house if he came back to US). He always wanted to live, study and stays here. My husband is now a US citizen, and my stepson is now 24.

2. I know that technically he has been lost his "status" of permanent resident but not officially (he must receive a letter with that type of statement). He wants to apply to a SB-1...but one of the requirements is to bring his "green card" which he lost.

3. What he should do, he still in Argentina...How could he apply for a "replacement" card??? According with the basic requirements for a "returning resident" visa, he could apply, but not without his green card. In Argentina...What he should do in order to get a replacement of his green card?

4. He didn't qualify for a "Boarding Foil" right, or I'm wrong????

Please, I need your advice urgently! Thank you so much!:cool:
 
#9
SB-1 help!!!!

Green card lost (but not expired) and applying for a SB-1????!!! Help!
Hi everybody!

I need your help! My stepson came from Argentina. He got his green card which will expire 04/04/2018. After a while in US, he returned to Argentina, but now he has been stay there for more than 1 year. Now, he wants to comeback to US, study here and stay here. Now, my questions are:

1. Even though he lost his green card (he keeps a copy for his records), and is not expired, he has been living in Argentina for more than 1 year (her mom threats him to kick him out of her house if he came back to US). He always wanted to live, study and stays here. My husband is now a US citizen, and my stepson is now 24.

2. I know that technically he has been lost his "status" of permanent resident but not officially (he must receive a letter with that type of statement). He wants to apply to a SB-1...but one of the requirements is to bring his "green card" which he lost.

3. What he should do, he still in Argentina...How could he apply for a "replacement" card??? According with the basic requirements for a "returning resident" visa, he could apply, but not without his green card. In Argentina...What he should do in order to get a replacement of his green card?

4. He didn't qualify for a "Boarding Foil" right, or I'm wrong????

Please, I need your advice urgently! Thank you so much!:cool:
 

Jackolantern

Registered Users (C)
#10
He'll need to be in the US to replace the green card. If the SB-1 is approved, he can use that to enter the US without a green card, then he would apply for the replacement card when in the US.

With a police report of the lost card, a copy of the lost card, and his passport (especially if he used the passport to enter the US as a permanent resident), that should be good enough for the SB-1 visa, provided he can provide other evidence of why he didn't return to the US within 1 year.

How long has he been outside the US? 3 years would be a much more difficult case than 1 year and 3 months.
 
#11
6-12 months. Which is why I still suggest giving the SB-1 route a try. If the SB-1 is successful you can be back in the US within 1 or 2 months. While the chances of success are low, it's not hopeless. If your wife can be with you at the SB-1 interview to plead for your return, they might sympathize with her enough to approve your SB-1. Their priority is serving US citizens, so they might approve it for her sake even if they don't give a damn about you.

If the SB-1 fails, you simply go the longer route with the I-130, no harm done by trying for the SB-1 (except a little time and money).


my mom had green card and she is outside US for last 3 years ,in this mean time her GC expired.now she want to back so I applied SB1 visa application.after doing that I notice that SB1 is so rare so can I make ""new petition now for my mom beside SB1 application""??
Please help me by providing information,thank you so much.
 
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