SB-1 VISA HELP FOR 65 YEARS OLD GRAND MOM

[PAK2015 F2B 9]

MY GRAND mom was a IR-5 visa holder since Aug 2003,

she lived With her daughter in US just 3 months and she camed back because of health problem,

NOW she is living in her country since that time. Her operation was done since 2011 in Pakistan and her health is good now.

Alil bit medical treatment was treated in US.

Now she want to go back to US to her daughter who were petitioner.

NOW tell me can we apply SB-1 visa and if we apply then how much chance for visa will be grant to her,, because she is 65 years old and just camed back for health reason.

her green card expiring after 6 months.

Edited March 26, 2013 by pak2002

[belinda63 3,047]

She has been out of the US for 9 years? Her daughter can file the I-130 for her. No way she will get a SB-1 Visa after nine years.

[Penguin_ie 5,996]

Agree with Belinda.

[PAK2015 F2B 9]

Agree with Belinda.

Lwyers said we can apply for SB-1 visa this is up to visa officer if he grant or not according to condition and sporting documents proof....

u guyes are not lawyer so post here if you have practical experience...

[PAK2015 F2B 9]

These are lawyers comments and their views.

1: "She can try, but she should be prepared to have to reimmigrate."

2:" I agree with my colleague

She should return right away and hopefully will be admitted back on her green card. If not, her original petitioner will need to reapply for her.

In any event, if she'll be facing difficulties at the airport, and CBP will ask her to sign a Form where she agrees to renounce her green card (under the promise of admitting her on a B-2 visitor status if she agrees), she should be instructed not agree to anything bur instead insist that she wants to have a hearing I front of an immigration judge. Nothing less..

She may want to apply for returning resident at the Consulate.

[Asia 2,499]

Lwyers said we can apply for SB-1 visa this is up to visa officer if he grant or not according to condition and sporting documents proof....

u guyes are not lawyer so post here if you have practical experience...

If you wanted a reply from a lawyer, then you posted it in the wrong forum.

9 years of living outside the US is too long to get an SB-1 visa.

But if she wants to apply for one, sure she can. It's not forbidden.

Here you can find how the whole process looks like:

http://travel.state.gov/visa/immigrants/info/info_1333.html

[Darnell 8,479]

seriously? 9 years outside of the USA?

Have the USCitizen daughter file a new I-130 into the lockbox address, asking for expedite in a cover letter.

That's my 2 cents, and with that and half a roll of toilet paper, we can clean the world together.

[PAK2015 F2B 9]

If you are an LPR unable to return to the U.S. within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

http://travel.state.gov/visa/immigrants/info/info_1333.html

Edited March 28, 2013 by pak2002

[Boiler 46,128]

May being the operative word.

[Penguin_ie 5,996]

Pak, we are all familiar with the returning resident visa, and have experience either through here, friends or family. What we are saying is that your grandmother won't get one, because there is no 9 year emergency. The returning resident visa is for if you are delayed in returning to the USA due to an emergency, but have left your ties there (such as renting a home, filing taxes etc). Your grandmother will not be able to prove that with a 9 year absence.

You will waste money and time going for a returning resident visa. Is there a reason your mother (the child of the grandmother) cannot file a new I-130 and petition your grandmother? Is that why you are so set on a path that will fail?

Edited March 28, 2013 by Penguin_ie

[Boiler 46,128]

65 with a major medical history. How is she going to get medical insurance?

And pay for it.

[belinda63 3,047]

Step 1 - Qualifying for Returning Resident Status

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

Had the status of a lawful permanent resident at the time of departure from the U.S.;

Departed from the U.S. with the intention of returning and have not abandoned this intention; and

Are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

She had a health condition that could not be treated in the US? She could not travel to the US at all during the nine years? It took nine years for her to receive resolution on her health condition that prevented her from traveling?

To obtain this she must show that she left the country for a TEMPORARY reason and was unable to return due to conditions beyond her control. Now if she had been in a coma or hooked up to life-support for these past nine years that might be a condition beyond her control. But just receiving medical treatment is not.

You can pay the attorney and pay the fees but the chances are none.