Re-entry options

[paulgedz 1]

Hello,

 

I moved to Colorado when I was 11 years old and achieved permanent residence status as my mother married an American who was in the US Navy and based in Scotland. Once his time was up, we moved to Colorado in 1997. In 2002, my mum and step dad divorced and I was forced to go back to Scotland with my mum as all of her family were there and she didn't want to stay in the states. Ever since then I have always wanted to go back. I have been pretty ignorant to the whole immigration process and have always assumed that once I got my degree that I would either be able to transfer with a company or find another suitable visa. I graduated in mechanical engineering in August and I'm currently doing an MBA part time now. I started looking in to the J-1 visa and getting a traineeship as I had met some Irish guys in New York last year that came across on that and then got their visa extended by an additional 3 years after the initial 18 months. However when I was looking at this, I stumbled across the SB-1 visa which I had never heard of before. Now I'm under the assumption that being taken back as a minor is a circumstance outwith my control however I'm concerned with the chance of success considering the time that has passed now. I would have applied for this years ago had I known about it. I still go back to the states on vacation 1-2 times a year to visit with friends and I also have a great relationship with my ex-stepfather (he basically raised me since I was 7 so I consider him a father). I have a whole host of people who could vouch for my desire to return ever since I left, some of them are even in US government positions. Does anyone have any recommendations on where I should go from here? I understand that if the SB-1 is rejected then even getting back to visit can be a nightmare and I don't want to jeopardize that also. 

 

Any information would be greatly appreciated.

[milimelo 4,481]

A minor moving back with her mother is not a circumstance outside your control- your mother decided for you. You may not like it but that’s a fact. 

 

You’ll have to find another path to obtain green card again - dv lottery (Ireland qualifies as far as I know). 

[paulgedz 1]

5 minutes ago, milimelo said:

A minor moving back with her mother is not a circumstance outside your control- your mother decided for you. You may not like it but that’s a fact. 

 

You’ll have to find another path to obtain green card again - dv lottery (Ireland qualifies as far as I know). 

Thanks for that pointless response. For one, I'm male not female. Two, I'm from Scotland, not Ireland. And I have read several stories where minors have been forced to leave with parents and then have been granted re-entry via the SB-1. My question was not your opinion on my circumstances but rather due to the amount of time that has passed.

[abum 324]

1 hour ago, paulgedz said:

Thanks for that pointless response. For one, I'm male not female. Two, I'm from Scotland, not Ireland. And I have read several stories where minors have been forced to leave with parents and then have been granted re-entry via the SB-1. My question was not your opinion on my circumstances but rather due to the amount of time that has passed.

where  did you read the stories from?

[aleful 1,905]

Spoiler

 

I don't know where you got the stories, I had to start over from scratch

 

I had a similar situation. I was a resident and my dad died before I turned 11, since my mom was a young single mom of 2, she decided that we return to Argentina. My brother was born here, so he was a US Citizen and I lost my GC status because I was over 20 year living in my country.

 

My mom came back, she became a US Citizen and filed for me, I waited 5 and half years to get my GC

 

 

[Unlockable 7,314]

3 hours ago, paulgedz said:

Thanks for that pointless response. For one, I'm male not female. Two, I'm from Scotland, not Ireland. And I have read several stories where minors have been forced to leave with parents and then have been granted re-entry via the SB-1. My question was not your opinion on my circumstances but rather due to the amount of time that has passed.

It wasn't pointless, it was accurate. Read @aleful's response as she has direct experience with this.

 

If you have read of such things please share the source. Every indication from the people here who have knowledge and/or experience with this leads to you having to find other means to reenter the US besides the SB-1.

[SusieQQQ 11,586]

Hm, I think an added part of where any potential SB1 falls down is that you already regularly visit as a tourist under your own volition. That’s also taken as a sign that you’ve abandoned residency - you’ve basically declared “I am no longer a resident but a tourist” on your visits - even if you didn’t realize the implications of what you were doing. (I know of cases where this is deemed the case even for kids, not adults.)

 

you do have a pretty strong educational CV so you could look into trying to find a company to sponsor you for H1, possibly through one of your existing connections who may have appropriate corporate contacts, or work for a company that can later transfer you to the US under L1. Both these visas have options for getting green cards later on. I don’t see any other option. You are correct that getting denied for an immigrant visa makes it much more difficult to visit as a tourist later on.

Edited January 15, 2018 by SusieQQQ