What are my chances of getting a SB-1 visa?

M

MissUSA

Registered Users (C)
My situation is , when i was 8 years old i had my green card and was living in the US with my family.Due to 9/11 attacks and with the economic crisis my family decided to return to our home country.Since i was a minor i had to move with my parents,it was never my decision and it was totally beyond my control.I always had the intention to return to US. And today i am 17 years old and i would like to apply for a SB-1 visa but i would like to know if it is a strong reason to apply for a SB-1 Visa or should i just go ahead and get a F-1 student visa? Also i would like to know if SB-1 visa is denied , is it hard to get a F-1 Student Visa?

It is very urgent,so if you can give me a clear answer ASAP ,i would really appreciate it!

Thanks in advance!
 
Your attempt to get the SB-1 visa would be a clear demonstration of immigrant intent, which would cause your F-1 visa to be denied if the SB-1 is denied.

If you're really interested in the F-1 visa, forget about the SB-1. If you still have your old green card, you should surrender it with form I-407 when you interview for the F-1. That would improve your chances of F-1 approval.

But there is one more possibility ... did either of your parents become a US citizen while you were still living in the US? If yes, you might have automatically become a citizen and didn't know it.
 
Jackolantern said:
Your attempt to get the SB-1 visa would be a clear demonstration of immigrant intent, which would cause your F-1 visa to be denied if the SB-1 is denied.

If you're really interested in the F-1 visa, forget about the SB-1. If you still have your old green card, you should surrender it with form I-407 when you interview for the F-1. That would improve your chances of F-1 approval.

But there is one more possibility ... did either of your parents become a US citizen while you were still living in the US? If yes, you might have automatically become a citizen and didn't know it.
Click to expand...

Thank you for the respond,unfortunately my parents weren't US citizens,they were LPRs when we were living in the US.

I also want to know that if it is a good reason to get my green card back because of the minor child situation as you can see from the above information or do you think it is not a good reason at all?

Thank you for your help.
 
It's not impossible to get back your green card; I remember reading of a similar case that was successful. However, it's a big gamble; I also read court cases where they imputed the parent's abandonment of residence to their children, and if your SB-1 is denied you also won't get the F-1 and you probably won't even be able to get a tourist visa. If you're attempting the SB-1 route, consider consulting an immigration lawyer* who can help you locate and analyze those successful and failed cases and prepare your case.


*many of them will work through phone, fax, email, and courier (Fedex/DHL/UPS) so you can benefit from their services even though you're outside the US.
 
Thank you so much for the information , i totally agree that it is a big gamble and i don't want to risk my own future for this.Evidently if SB-1 is denied i might not get another visa for a long time or maybe never.I think i am gonna go with the F-1 visa and see what happens!

Thanks again!
 
Question

Sorry for reviving an old post, but my situation is pretty similar to yours, I was wondering if you applied for the visa and if it was succesful.

Thanks.
 
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