Jump to content

60 posts in this topic

Recommended Posts

Filed: Other Country: Germany
Timeline
Posted
14 minutes ago, JOSELINE said:

I will be 18 in Sep'18 and my sister age is 19 now

 

Your story doesn’t make sense: in your first post you wrote that in 2008 you were age 12 and your sister age 10. Ten years later you both are now 17 and 19???

It's amazing how many questions can be resolved with a 2 minute Google search...

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)
29 minutes ago, JOSELINE said:

I will be 18 in Sep'18 and my sister age is 19 now

 

On 7/30/2018 at 4:16 AM, JOSELINE said:

My sister(age 10 at the time of return) and I(age 12) had the status of Green Card at the time of departure(2008).

Your ages don't add up.  Also,  in the original post YOU were the older one----now your sister is the older one?

 

In any case.....

 

You and your sister were minor children who did not have any choice in your entry to and departure from the U.S.

Unlike your parents, you *might* be able to assert that you never abandoned your US residency because you never made the conscious decision to live abroad after getting your green card.  

 

If you both have just reached the age of majority---much better circumstances for your case rather than if you were, say, 25 and 26 and now looking to the SB-1 as a way to return to the US.

 

The downside to your situation, is that because you left as minors and have been abroad for 10 years----and then the LPR status became abandoned (by choice of your parents)----you and your sister would not have maintained any ties to the US....which is also part of the criteria for being approved for the SB-1.

 

Other than your parents' statements about not wanting you to return to the US-----do you have any other sort of proof/evidence to back up your claims/legal basis to return to the States?

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Posted
1 hour ago, JOSELINE said:

I will be 18 in Sep'18 and my sister age is 19 now

Changing your story and lying won't give you any more answers. Just come to the terms with fact that your green card is long gone and won't come back. 

 

 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Posted (edited)

You have to be out of the US for over two years in order to qualify for the returning resident visa (SB-1).  An advantage with an SB-1 is that while you will have to go through the process again, you don't need someone to file a petition on your behalf.  From what I've see here though, being out for ten years maybe too long at this point to preserve your permanent residency.  It maybe worthwhile though to have a competent US immigration attorney do a thorough analysis of your case-the money well spent maybe worth it.  One possible suggestion but it could be gamble:  If you still have your green card and you have any actual evidence of physical and tangible ties to the US such as property, US driver's licence, you might be able to come back but you'll have to tread carefully-assuming you use the card to reenter the US, you might be get away with it but then you might not. And don't be too ambitious in applying for US citizenship if you are successful in returning.  You are going to have to wait five years or more-after all you were out for a long time.  Should this not be an option you want to pursue or if it is not possible (it is foolhardy because you are taking a very high risk with DHS), then the best course of action would be to formally abandon your green card at the US consulate nearest your current place of residence and start the process over again.  With no guarantee that you will get another green card.  But also keep in mind you revert back to non-immigrant with no guarantees you will be readmitted to the US.   If you want to know more about SB-1 visas, here are a few links to consider:  https://visaguide.world/us-visa/immigrant/sb-1/   https://berardiimmigrationlaw.com/sb-1-visa-aka-returning-resident-visa/  https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html  https://www.uscis.gov/i-407

Edited by Barry Krebs
Add info
Posted

I am the younger one. My dob is Sep'2000 and my elder sister dob is Feb'98.  Sorry somehow I messed up the dates when I started the original post. I am not lying

We both have not maintained any ties to the US ..also..I am not sure what kind of ties we could have maintained as a minor

 

Regarding your comment, ..Other than your parents' statements about not wanting you to return to the US-----

do you have any other sort of proof/evidence to back up your claims/legal basis to return to the States?", we do not have any proof/evidence to back our claims.

But I have a proof from a psychiatrist that my father was suffering from depressive disorder & anxious distress of moderate type and he was in treatment between oct'2008 till nov 2011. Not sure whether that can help in anyways

Filed: Other Country: Germany
Timeline
Posted
On 7/30/2018 at 10:16 AM, JOSELINE said:

My parents did not allow us to return to US even though we wanted to return and willing to stay with my mother in law who is a US citizen.

This also makes no sense: Either you have the relationship wrong, or you are a married minor?

 

3 minutes ago, JOSELINE said:

But I have a proof from a psychiatrist that my father was suffering from depressive disorder & anxious distress of moderate type and he was in treatment between oct'2008 till nov 2011. Not sure whether that can help in anyways

 

Just assuming you are under 18 and you file now, this might help your case since you turn 18 in more or less than a  month. You could file together with your sister, stating intent to wait until you are 18. But whatever you do, get the dates and your story right. The thing you did at the beginning of the post will let the consular officer take your case apart even more than the people here did and your chances will fall below zero.

It's amazing how many questions can be resolved with a 2 minute Google search...

Posted
2 minutes ago, Mark88 said:

This also makes no sense: Either you have the relationship wrong, or you are a married minor?

 

 

Just assuming you are under 18 and you file now, this might help your case since you turn 18 in more or less than a  month. You could file together with your sister, stating intent to wait until you are 18. But whatever you do, get the dates and your story right. The thing you did at the beginning of the post will let the consular officer take your case apart even more than the people here did and your chances will fall below zero.

 

3 minutes ago, Mark88 said:

This also makes no sense: Either you have the relationship wrong, or you are a married minor?

 

 

Just assuming you are under 18 and you file now, this might help your case since you turn 18 in more or less than a  month. You could file together with your sister, stating intent to wait until you are 18. But whatever you do, get the dates and your story right. The thing you did at the beginning of the post will let the consular officer take your case apart even more than the people here did and your chances will fall below zero.

 

Mark, you are right the relationship was wrong. My aunt is in US not the mother in law

Filed: Other Country: Germany
Timeline
Posted

Someone else might correct me, but if I were you, I would make sure the application is there on your 18th birthday. This way you can emphasize the intent to return back to the US since you turned 18 and can't be kept back by your parents anymore.

 

With the new (hopefully correct) information provided by you, you might have a slim shot at the SB-1 visa.

It's amazing how many questions can be resolved with a 2 minute Google search...

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)
40 minutes ago, JOSELINE said:

We are planning to apply in Dec'18? is it ok or do we have to rush?

December 2018 is fine, and will show that you applied soon after you turned the age of majority (and were no longer under parental control).

 

The most common reason for the SB-1 to be denied is lack of ties to the US.  

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Posted (edited)

Thank you Attorneys..I really appreciate your support and comments. When I started this discussion, I have no clue on what to do and how to do
Your inputs helped me to know more about the SB1 Visa that I came to know few weeks back. Good things will happen to you & your family.. I have to talk to my father to get the parole document & GC.


I will tell the truth to the visa officer. Let he/she decides. I always believe that if my wish come true, it is good..if it did not happen, it is very good.. god has some other plan for me..... I will keep you posted on the updates. once again, I appreciate your support! if you have any specific comments you want to share, please send it to me

Edited by TBoneTX
personal e-mail removed
Filed: Other Country: Germany
Timeline
Posted

Ony thing you should start collecting (if there is) any correspondance between you and your aunt, saying that you would like to come to the US and live with her, and she would be happy to take you both in. If there is no such email, now before you turn 18 might be good time to write her....

It's amazing how many questions can be resolved with a 2 minute Google search...

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...