SB1 Visa - need your input please

[Sm1smom 252]

33 minutes ago, JOSELINE said:

No I do not have any proof other than the two year parole visa. Also, I did not know about the SB1 Visa till beginning of this year

If you and your sister had applied for the SB-1 visa when you both turned 18, you would have had a stronger chance of approval IMO since you were minors and had no control over your parents’s decision to leave and not return. 

 

I wouldn’t discourage you from giving it a shot now even though 10 years is a long time to have been away and you’re no longer a minor. If you can afford the fee, it’s worth a shot IMO. 

[jan22 3,056]

Not knowing about the SB-1 is not an excuse; rather, it could be seen as an indication that you did not explore all options once you turned 18 (and no longer legally a minor under your parents' control).  It would appear you only started looking for ways to return to the US when you were thinking about studying here.  (It would have been highly unlikely for you to be granted an SB-1 anyway, if that's any consolation.)  Trying to get an SB-1 now would, BTW, make it very difficult for you to try to prove non-immigrant intent, if you later decide to apply for a student visa.

[Roel 7,192]

You keep saying that you didn't know, but that's not an excuse. 

 

You can always give sb1 a shot though the chance is almost 0. Applying for it will make it harder for you to apply for non-immigrant visa. 

[geowrian 22,337]

You're free to try, but I concur with the others about the delay after turning the age of majority of your local country being major factors in the consideration for an SB-1 visa. The re-entry permit piece is irrelevant.

If you were employed and earned an income, did you file US taxes?

 

If your intent is to study, then I suggest just applying for an F-1 visa...it seems more likely to be successful.

Edited July 30, 2018 by geowrian

[TBoneTX 45,329]

Thread is moved from the DCF forum to General Immigration Discussion.

[Ginobilieve 0]

It wouldn’t hurt to try and apply for it. I got approved for the sb-1 recently last October. Actually they approved my mom and I both. I wasn’t sure about it being approved but to my surprise they did. 

Edited July 31, 2018 by Ginobilieve

[JOSELINE 0]

good to hear that your mom & your visa got approved. Any suggestion on what kind of talk track I should use when interacting with the visa officer? can you please suggest

[JOSELINE 0]

14 hours ago, Roel said:

You keep saying that you didn't know, but that's not an excuse. 

 

You can always give sb1 a shot though the chance is almost 0. Applying for it will make it harder for you to apply for non-immigrant visa. 

Sure. I will give a shot. thank you

[JOSELINE 0]

12 hours ago, geowrian said:

You're free to try, but I concur with the others about the delay after turning the age of majority of your local country being major factors in the consideration for an SB-1 visa. The re-entry permit piece is irrelevant.

If you were employed and earned an income, did you file US taxes?

 

If your intent is to study, then I suggest just applying for an F-1 visa...it seems more likely to be successful.

I am not working  just joined college this year and have not filed taxes. I will apply for SB1 visa and let me try my luck! thank you

[Ginobilieve 0]

To convince them that it was out of your control that you weren’t able to return to USA In time. Our reason was that my parents (mother and stepdad) were in a messy marital conflict which ended up in divorce and my stepdad kept our greencards and passports and other important documents “hostage.” Of course we had substantial evidence etc lawyer statements, police reports and such 

Edited July 31, 2018 by Ginobilieve

[JOSELINE 0]

got it. thanks for your input

[CEE53147 559]

38 minutes ago, Ginobilieve said:

To convince them that it was out of your control that you weren’t able to return to USA In time. Our reason was that my parents (mother and stepdad) were in a messy marital conflict which ended up in divorce and my stepdad kept our greencards and passports and other important documents “hostage.” Of course we had substantial evidence etc lawyer statements, police reports and such 

 

 

All could have been replaced. Your mother chose not to do so.

[JOSELINE 0]

point noted. thank you!

[Ginobilieve 0]

3 minutes ago, CEE53147 said:

 

 

All could have been replaced. Your mother chose not to do so.

If we were able to replace them don’t you think we would have done that instead? It would be much cheaper and less of a hassle. And I would think that the US Embassy wouldn’t have given us the SB1 if they thought there were other ways for us to get back to America

[Going through 5,671]

7 hours ago, JOSELINE said:

I am not working  just joined college this year and have not filed taxes. I will apply for SB1 visa and let me try my luck! thank you

Part of the time abroad was out of your control since you and your sister were minors at the time.

What sort of proof do you have that the years abroad after you turned 18 was out of your control?