Urgent SB-1 Visa question!!!!!!!!!!!!!! HELP

[laila74]

I am a US permanent resident and have been outside the US for 1.5 years now (with re-entry permit). The re-entry permit I-131 is expiring on FEbruary 7th, 2007. Do you think that insufficient funding may be a good explanation to the US consulate here in Germany? It really would create hardship on me having to relocate at this point (i am REAL financial hardship) as i have been unemployed.

I have kept my US bank accounts, drivers license and also filed 2005 tax returns for the US.

For an SB-1 Visa does the reason for not being able to 'return' in time before re-entry permit expires have to be of a 'severe' cause such as being hospitalized, terminally ill parents...etc? or is it more important to them that you have maintained 'ties' to the United States, which proofs that you have not abandoned the intention to return?

Thanks for any help!"

 

[TheRealCanadian]

Do you think that insufficient funding may be a good explanation to the US consulate here in Germany? It really would create hardship on me having to relocate at this point (i am REAL financial hardship) as i have been unemployed.

I don't really see that as being a circumstance outside of your control, just poor planning. Sorry.

 

[Aibolit]

You REALLY should not let your reentry permit expire before returning to the US. SB-1 is very difficult to get.

 

[laila74]

..but what if i start a job with a US company oversea in order to afford a relocation overseas? Would it be easier then or it the SB1 really just for reasons such as being medically incapacitated or caring of an ill family member?

 

[Superstring]

..but what if i start a job with a US company oversea in order to afford a relocation overseas? Would it be easier then or it the SB1 really just for reasons such as being medically incapacitated or caring of an ill family member?

I would have to agree with the previous responders. SB-1 is not an automatic visa and it is relativelly hard to get; takes time (3 months?) and costs $$$.

FYI: Here is list of conditions for SB-1:

1) when you departed that you intended to return to the United States and have maintained this intent

2) returing form TEMPORARY visit abroad

3) if the stay was protracted that it was caused by reasons beyond your control and for which your were not responsible

4) you are eligible for the immigrant visa in all other respects (health, income etc.)

I do not see how unemployment affects your temporary visit abroad (condition 1/2 for SB-1). You got your re-entry permit to be TEMPORARY outside of US, not to live in Germany forever. In other words, you should have thought of monetary funds to enable you to return to US, or have clear job plans, places to return, friends/family to help etc. etc.

Let me tell you one thing - forget about green card and PR status if you want to live in Germany. That is it. There is no way to preserve your PR status (long-term) and be stationed in Germany unless you are military, government or special institution member.

Reasons (the way you described) were obivously in your full control (condition #3).

Therefore, I'm not sure that you are entitled to SB-1, but maybe you can get another re-entry permit???? (not sure about this, but there is a slight chance).

You will need a good lawyer to help you out.

Personally, more importantly, I think that you need to make up your mind- Germany or US, and do what ever you need to do. Either return to US or forget the Green Card. You can not live "in between". Maybe, one day when you become U.S. citizen, but until then.....you have to be very clear about your plans.

Good luck!!

P.S: I'm not a lawyer or immigration expert. I'm just an ordinary guy and you are soley responsible for your actions.