outside the us over 3 years

[Andrey_san 0]

Let's skip past all of the "what if" scenarios, and get down to the facts. What is the REAL reason you did not return to the United States? The reason must have been unexpected at the time you left the US, and beyond your control. You also must have intended to return to the US within a year at the time you left, and that intent must not have changed since you left; i.e., that your absence was intended to be temporary. If you can prove these things to the satisfaction of a consular officer then you'll get an SB-1 visa.

Coming back to the US without a returning resident visa is risky and tricky to accomplish. CBP will likely pull you into secondary inspection and try to persuade you to sign an I-407. They'll probably try to convince you that signing an I-407 is the only way you can get your green card reinstated. In actuality, signing the I-407 would mean you'd be abandoning your permanent resident status. That would be a prerequisite if you were going to pursue another immigrant visa. Since you didn't immigrate originally based on a family petition, you'd have no basis to apply for a new immigrant visa. You can try to talk CBP into paroling you into the US so that you can appeal your abandonment case with an immigration judge. They may grant you parole, and they may not.

I agree with rika. Your attorney may be suggesting you take this route because he will collect some serious fees for representing you in immigration court. You might never make it to immigration court. CBP holds all the cards in this game.

The real reason is my child came into the world and since they had made cesarean operation to my wife it was hard for her to recover.

Do you think this reason is good enough?

[Andrey_san 0]

You mother won the DV lottery, has she ever become a USC and how old were you when/if she did ? What country are you coming from ?

No, she did't. She has a right to become it now, but I'm not sure if she's gonna use it.

I'm coming from Belarus.

[Penguin_ie 5,993]

The real reason is my child came into the world and since they had made cesarean operation to my wife it was hard for her to recover.

Do you think this reason is good enough?

That would be enough for a short overstay outside the country, but it does not take 3 years to recover from a c-section so no, that is not enough. If she had huge complications and was in hospital pretty much continuously during the last three years then yes- with documented proof.