need advice on SB1 visa application

[wangming 0]

Hi everyone,

I am seeking help for my parents. Any advice, suggestions, comments are greatly appreciated.

My parents have obtained green cards 5 years ago. Two years ago, they took a trip to China to take care of some personal business. While in China my dad (81 years old at that time) had a stroke and had to be hospitalized, so my mom stayed to take care of him. When my dad got a little better and were ready to travel back, my mom broke her ankle (she is in her late 70). So they delayed their return again. Now it has been two years and they are ready to travel again, but they have passed the one year restriction and were told that they have to apply for SB1 visa.

They still have their bank account and personal belong at US. They can get record from doctors. They used to live with me in US and have no close relatives in China right now. They have absolutely no intention to abandon their green cards. They want to come to US and stay with us.

Could they be denied for their SB1 visa? Any advice/information to help them to get their SB1 visa would be helpful.

Thanks!!

[Hypnos 6,578]

Yes, they can be denied. The bar to obtain an SB-1 is deliberately high to encourage people not to remain outside the US for extended periods of time.

They need to demonstrate that (i) it was always their intention to return to the US after temporary travel abroad, and (ii) the reasons for failing to do so were caused by extreme situations beyond their control.

Based on what you've said, I would say they have a shot. Ensure they bring copious amounts of documentation showing they have maintained US ties (bank accounts, savings, property, etc.) and showing that their extended stay in China was due to medical reasons that they could not control.

Good luck.