Returning resident or F2A derivative

[Rostel 4]

Please help.

I have a 12 year old daughter who was a permanent resident but came back to the Philippines to study. We weren't able to apply for a re-entry permit and she has been here for more than a year already.

My husband filled an F2A petition for me and our son and our priority date is May 10, 2012 which is already approved.

Can anyone please advise what would be the best thing to do in my daughter's case? Should she be my derivative or should we apply for a returning resident visa?

Thank you.

[Hypnos 6,576]

The bar for a returning resident visa is extremely high. You have to show that, not only was it never your intention (or your daughter's intention in this case) to abandon your residency, but the circumstances which caused you to do so were beyond your control and for which you were not responsible. It is extremely difficult to obtain an SB-1 visa under these conditions.

If you are able to include her as a derivative on your petition then that would likely be the best course of action; trying to resurrect her previous green card is only going to be an uphill battle for which there is no guarantee of success, whereas including her as a derivative of yours should be fairly straightforward.

[Rostel 4]

The bar for a returning resident visa is extremely high. You have to show that, not only was it never your intention (or your daughter's intention in this case) to abandon your residency, but the circumstances which caused you to do so were beyond your control and for which you were not responsible. It is extremely difficult to obtain an SB-1 visa under these conditions.

If you are able to include her as a derivative on your petition then that would likely be the best course of action; trying to resurrect her previous green card is only going to be an uphill battle for which there is no guarantee of success, whereas including her as a derivative of yours should be fairly straightforward.

Thank you for the reply.

Would her being issued a green card before raise any problems/questions in the NVC application process if I include her as a derivative?

[Hypnos 6,576]

It shouldn't. Just make sure you declare it if it asks anywhere on the form, or if they enquire at the interview.

You may also want to formally surrender her existing green card beforehand, which you can do by filing an I-407 directly with the embassy.

[Rostel 4]

Thank you. I'll do that.