Returned resident visa

[Boiler 45,527]

Well one I have seen is that I have seen is 5 They are asked to relinquish their GC and paroled in to visit. So that would reduce the success rate to 60%, But as I understand mathematics I would not suggest that as a success rate.

 

 

[geowrian 22,337]

Or that every scenario has an equal chance of occurring.

If #4 had a 90% chance of occurring (hypothetical), the fact that there are 4 (or 5) potential things that could happen doesn't mean a 1/4 (or 2/5) failure rate.

[EmilyW 1,439]

@Geowrian is doing tricky math and it's hurting my brain.  Just wanted to add that.

[Boiler 45,527]

15 minutes ago, EmilyW said:

@Geowrian is doing tricky math and it's hurting my brain.  Just wanted to add that.

You get it in the Tourist Visa section all the time, 50/50 chance of getting a visa apparently.

 

I could win the lottery if I buy a ticket or not, so 50/50?????????

[Nicky87 2]

11 hours ago, HonoraryCitizen said:

Two years ago my very good friend asked me the same. His brother had returned to our country for a little over two years (didn't plan to return but plans went awry) and was planning to come back. I laid out all the reasons why it was a bad idea to return without a SB-1. One month later my friend called me and said his brother was back in the USA. I asked what happened at immigration. His reply was nothing at all.

 

Basically what the other posters are telling you is that if you come on your green card, four possible things could happen. Remember they legally cannot turn a permanent resident away at the airport. Let's do some elementary probability of the scenarios assuming equal probability of individual outcomes

 

1. You enter without being questioned - Good
2. You are questioned, but let in with a lecture - Good
3. You are questioned and paroled in to go and face an immigration judge who determines you have not abandoned status - Good
4. You are questioned and paroled in to go and face an immigration judge who determines you have abandoned status and deports you. - Bad

Of these four things, which could happen three are good meaning a 75% success rate.

 

However if you choose to apply for an SB-1 visa, only two things could happen

1. You get the visa
2. You do not get the visa and permanently stuck in your country

Of these two things which could happen only one is good meaning a 50% success rate.

 

The conclusion is that when a returning permanent resident is in doubt, they should always choose the option of returning without applying for an SB-1 because that option has the highest probability of success.

Thank you for this. 

I think I’ll just go for it. 

Dont they usually “pre check” your status and ask questions before you even board ?! Is the airline able to hold me back?! 

[geowrian 22,337]

16 minutes ago, Nicky87 said:

Dont they usually “pre check” your status and ask questions before you even board ?! Is the airline able to hold me back?! 

The airline may ask some questions and check the validity of documents since they are responsible for the return trip if they transport a passenger with improper documentation.

CBP would be the one to make the initial call on abandonment of LPR status, with an immigration judge making the final call if CBP determines status was abandoned.

[HonoraryCitizen 179]

11 hours ago, geowrian said:

Or that every scenario has an equal chance of occurring.

If #4 had a 90% chance of occurring (hypothetical), the fact that there are 4 (or 5) potential things that could happen doesn't mean a 1/4 (or 2/5) failure rate.

Being unnecessarily picky serves no purpose. We’re not preparing a paper to be published in the international journal of mathematics. Jeez! 

[geowrian 22,337]

Just now, HonoraryCitizen said:

Being unnecessarily picky serves no purpose. We’re not preparing a paper to be published in the international journal of mathematics. Jeez! 

I don't think pointing out that not every possibility has an equal chance of occurrence is being picky. haha

[HonoraryCitizen 179]

4 minutes ago, geowrian said:

I don't think pointing out that not every possibility has an equal chance of occurrence is being picky. haha

It is unnecessary particularly when in my submission I had already said assuming equal probability of individual outcomes. That caveat alone makes it clear equal probability is not actual but for simplicity of analysis.🙄

Edited January 24, 2019 by HonoraryCitizen

[Nicky87 2]

1 hour ago, geowrian said:

The airline may ask some questions and check the validity of documents since they are responsible for the return trip if they transport a passenger with improper documentation.

CBP would be the one to make the initial call on abandonment of LPR status, with an immigration judge making the final call if CBP determines status was abandoned.

So knowing my luck,  I won’t even be able to depart Germany 🤣

[HonoraryCitizen 179]

48 minutes ago, Nicky87 said:

So knowing my luck,  I won’t even be able to depart Germany 🤣

Your permanent resident card is valid on the surface, there’s no question about that. CBP won’t call to question you in Germany so the airline is not going to stop you in Germany.

 

You should not be negative about your prospects considering all the information you’re getting to the contrary. A negative disposition  won’t serve you well if CBP decides to grill you upon arrival. Those guys are trained to pick up on negative body language, nervousness etc.

[Nitas_man 3,100]

On 1/23/2019 at 2:50 AM, Nicky87 said:

I kept my bank accounts and mailing address. My ex husband still claimed me and the kids on his taxes as well. 

Here are my thoughts and I blogged our own SB1 last year.  My wife was out wayyyyy longer than you were but:  we’re still married and we had a Plan B I-130 ready to go anyway.

 

It takes two interviews to get an SB1.  The first interview is to determine if you qualify.  To qualify, you have to be eligible for stand-alone immigration benefits meaning an I130 could be filed for you anyway if they reject your application.

 

You divorced your USC spouse.  Unless you have another qualifying immediate relative who can petition for you you will be denied an SB1 at the first interview - you won’t even be asked to apply for the actual visa.  

 

Your best bet is to fly back and absolutely refuse to give up your green card in secondary.  They may or may put you in removal proceedings and they may or may not detain you but you will enter and you will get your day in immigration court.  Where you spend your time waiting for that day?  They may or may not grant you bail.  Or they may just let you through with a lecture.  I see that as your only chance.

 

Do not relinquish your green card.  They can’t take it and they can’t make you give it up on the spot.

Edited January 25, 2019 by Nitas_man

[Nitas_man 3,100]

On 1/24/2019 at 1:38 AM, Nicky87 said:

Thank you for this. 

I think I’ll just go for it. 

Dont they usually “pre check” your status and ask questions before you even board ?! Is the airline able to hold me back?! 

They won’t unless you have an expiration date problem.

 

I forgot to add that you turn in your green card when you initially apply for SB1 determination and the next time you see it (if you ever see it again) is when they open the magical (white, used to be brown) envelope at your POE when you bring it in with your visa.  If the CO determines that you are not eligible, you’re done, you have lost your card, and I am not aware of any further recourse.  Consular officers DO have the authority to rule on immigration eligibility.  The only reason we even applied was because to file a new petition we hadda surrender the old card anyway and that was a trip to the embassy to do that.  So we were prepared for whatever happened.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html#3

 

Read this very carefully.

 

Some other cool stuff:  new medical, new support affidavit, new stack of police certificates, etc and an actual visa interview are required for SB1.  This is in addition to the interview where you submit your 

 

Means a sponsor has to re-sponsor you.  

 

The affidavit is an I-134F not an I-864 but still.  It’s almost set up for immediate relative re-entry under original immigration benefit status and almost everyone else is hosed.

 

 

 

Edited January 25, 2019 by Nitas_man

[Nitas_man 3,100]

On 1/23/2019 at 2:29 PM, Boiler said:

Well one I have seen is that I have seen is 5 They are asked to relinquish their GC and paroled in to visit. So that would reduce the success rate to 60%, But as I understand mathematics I would not suggest that as a success rate.

 

 

That is a voluntary option and definitely would not be recommended for someone who wants to re-enter and stay.

[Boiler 45,527]

26 minutes ago, Nitas_man said:

That is a voluntary option and definitely would not be recommended for someone who wants to re-enter and stay.

True