SB1 visa

[Shadow Moon 2]

@Calicolom I don't know where you from but in the Philippines it is different.

Edited April 18, 2020 by Shadow Moon

[geowrian 22,337]

This situation is not unique with PH comapared to many other areas. I have to disagree there.

 

No harm in applying, but honestly this seems like a bit of a longshot given the circumstances presented.

Four years is a long time, without even one visit.

It doesn't sound like other ties to the US were established or maintained during this time.

US taxes should have been filed as a resident while abroad. A lack of W-2s does not change this.

Was residency in PH ever claimed while abroad? Any contact with the consulate or embassy on what to do to ensure you can come back?

 

The reality is it sounds like - from an outsider view - that a decision was made to live abroad to care for your parent. And that's fine. Whether that was 1 year, 4 years, 10 years, etc. was not a factor.

A decision was made. And decisions have consequences, even if you don't like them.

 

Best thing now is to hope for the best but be ready for the worst.

[jan22 3,055]

9 minutes ago, Shadow Moon said:

@jan22 there are no other family members my brother is also ill and he wont do such a thing. I think if ever a parent got sick it should the responsibility of children. That is the tradition in my country. The tradition I grew up with. As far as trust with other people to take care my father? well I have to comfortable and trust them, this is my father we are talking about. If trust is not a factor I could've just bail any prisoner and just pay him to take care of my dad then, I have to trust and be comfortable with the person who will take care of my father. Other wise if anything happens to my father I will end up having multiple trips back and fourth in Manila. We don't have caregivers in the Philippines. If so that I may not know off, its very dangerous. I am the Philippines people, It is different here. For the financial aspect, I didn't work for my first yr being here in the Philippines. I started two yrs after. So you are telling me not to work, and just rely on someone else to help me survive? then how am I suppose to save my money to get back in the US? I don't see any logic on that at all. My son is with his mother me and his mother dont have any court order child support, but whatever I have here I give him. Again, i dont know where you from exactly, but Im in the Philippines and it is different here. But thank you so much you are actually opening my eyes and making me see the angles that I havent seen before. If I didn't stay My father may have been dead. He has a Chronic Obstructive Pulmonary disease at his age he anything can happen. So if that happens then what kind of a son am I? I am working enjoying the US benifits while my dad is suffering in the death bed and now he is dead and I choose not to take care of him? dont make sense for a human behavior point of view

I completely understand what you are saying -- but, unfortunately, it is not consistent with US immigration regulations.  From an immigration standpoint, staying and caring for your father was a choice you made, not a situation that was beyond your control.  Even if the choice was based on your home country's culture, your opinions of other options or lack of options, or your need to be comfortable with your father's situation-- bottom line, it was still your decision -- your choice -- that staying and caring for him was the best option.  Working locally was also a choice -- as opposed to returning to the US to work and sending monies back to support your father's care.  Not maintaining ties to the US, including not filing taxes, was a choice. 

I not trying to be harsh -- I'm just trying to make you see how immigration officers will view things.  You made choices consistent with your family's and home country's culture and way-of-life.  Certainly understandable, but choices were not always made in a way that was necessarily consistent with the requirements of continuing to be a US Iegal resident.  Having to make hard choices like yours is one of the unfortunate aspects of immigrating to another country where the culture, tradtions, and laws may be very different.

 

Please understand -- I am not saying your choice was wrong or that it was a bad choice --- it is just not compatible with the requirements for maintaining US residency or qualifying for an SB-1 visa.

[Marieke H 2,498]

26 minutes ago, Shadow Moon said:

@Calicolom I don't know where you from but in the Philippines it is different.

But you are dealing with US immigration, so it doesn't really matter if it is different in the Philippines. Notarizing an affidavit only means that the identity of the person signing has been verified; it says nothing about the content and truthfulness of the affidavit. 

 

I think it will be hard to prove that you had to be out of the country for 4 years with no way to come back. You made a decision to migrate back to the Philippines to be with your father; good for you. But it does mean that you abandoned your residency, especially if you did not file taxes, maintain housing, have a bank account. Of course you can always apply and see what happens,  but you do not have a strong case.

[brownbears13 19]

1 hour ago, Shadow Moon said:

@jan22 there are no other family members my brother is also ill and he wont do such a thing. I think if ever a parent got sick it should the responsibility of children. That is the tradition in my country. The tradition I grew up with. As far as trust with other people to take care my father? well I have to comfortable and trust them, this is my father we are talking about. If trust is not a factor I could've just bail any prisoner and just pay him to take care of my dad then, I have to trust and be comfortable with the person who will take care of my father. Other wise if anything happens to my father I will end up having multiple trips back and fourth in Manila. We don't have caregivers in the Philippines. If so that I may not know off, its very dangerous. I am the Philippines people, It is different here. For the financial aspect, I didn't work for my first yr being here in the Philippines. I started two yrs after. So you are telling me not to work, and just rely on someone else to help me survive? then how am I suppose to save my money to get back in the US? I don't see any logic on that at all. My son is with his mother me and his mother dont have any court order child support, but whatever I have here I give him. Again, i dont know where you from exactly, but Im in the Philippines and it is different here. But thank you so much you are actually opening my eyes and making me see the angles that I havent seen before. If I didn't stay My father may have been dead. He has a Chronic Obstructive Pulmonary disease at his age he anything can happen. So if that happens then what kind of a son am I? I am working enjoying the US benifits while my dad is suffering in the death bed and now he is dead and I choose not to take care of him? dont make sense for a human behavior point of view

OP, what has changed now? Have you found a suitable caregiver to take your place when you return to the U.S.?
 

U.S. immigration will likely see you abandoned residency by choice (difficult though it may have been) rather than by necessity.

[Boiler 45,499]

The problem is that your want you cake and eat it.

 

If you permanently reside somewhere, moving to another country and taking a job is somewhat inconsistent.

 

I do not know how your aquired your LPR status or for that matter how long you lived in the US before moving back to the PI, it does appear you have done nothing to maintain the US as your permanent residence.

 

Also begs the question how you acquired it is the first place and whether that option is still open. What is the plan, do ypou want to move back to the US permanenently or just fo enough to keep residency?

Edited April 19, 2020 by Boiler

[Shadow Moon 2]

@Boiler I got it through  my father who is the american citizen and Ive been living  15 yrs in America. Not getting any property or bank accounts are strictly my prerogative I dont have any Intentions to stay here that long ever since so I didnt bother getting those stuff

[Boiler 45,499]

9 minutes ago, Shadow Moon said:

@Boiler I got it through  my father who is the american citizen and Ive been living  15 yrs in America. Not getting any property or bank accounts are strictly my prerogative I dont have any Intentions to stay here that long ever since so I didnt bother getting those stuff

Well the father option is not quick, so your father is a USC but returned to PI and you followed him? Any reason you do not naturalise?

[designguy 1,179]

39 minutes ago, Shadow Moon said:

@Boiler I got it through  my father who is the american citizen and Ive been living  15 yrs in America. Not getting any property or bank accounts are strictly my prerogative I dont have any Intentions to stay here that long ever since so I didnt bother getting those stuff

Well you could have naturalized a long time ago.  Now thats out of the winodw and you will probably need to find another way back.

 

Most likely your son can sponsor you when he turns 21

[Shadow Moon 2]

@Boiler My father returned in the Philippines long time I ago I didnt followed him I only went back for vacation. I didnt apply for american citizen because at that time I  didnt take that seriously espacially its not really a law for me to be an american citizen ryt away

[TBoneTX 45,288]

Then you made your choice, and choices have consequences.

[retheem 564]

5 hours ago, Shadow Moon said:

@jan22 there are no other family members my brother is also ill and he wont do such a thing. I think if ever a parent got sick it should the responsibility of children. That is the tradition in my country. The tradition I grew up with. As far as trust with other people to take care my father? well I have to comfortable and trust them, this is my father we are talking about. If trust is not a factor I could've just bail any prisoner and just pay him to take care of my dad then, I have to trust and be comfortable with the person who will take care of my father. Other wise if anything happens to my father I will end up having multiple trips back and fourth in Manila. We don't have caregivers in the Philippines. If so that I may not know off, its very dangerous. I am the Philippines people, It is different here. For the financial aspect, I didn't work for my first yr being here in the Philippines. I started two yrs after. So you are telling me not to work, and just rely on someone else to help me survive? then how am I suppose to save my money to get back in the US? I don't see any logic on that at all. My son is with his mother me and his mother dont have any court order child support, but whatever I have here I give him. Again, i dont know where you from exactly, but Im in the Philippines and it is different here. But thank you so much you are actually opening my eyes and making me see the angles that I havent seen before. If I didn't stay My father may have been dead. He has a Chronic Obstructive Pulmonary disease at his age he anything can happen. So if that happens then what kind of a son am I? I am working enjoying the US benifits while my dad is suffering in the death bed and now he is dead and I choose not to take care of him? dont make sense for a human behavior point of view

The bottom-line of this whole issue is this; , the opportunity to come to the US is basically gone. I know it's hard to hear, but then better know the truth. Immigration doesn't care about traditions in your country, all they care about is whether you followed or did not follow instructions. Unfortunately, the situation is that simple.

[Shadow Moon 2]

Thank you to those who gave their comments about the situation at hand. Well, at least I heard the truth and be able to construct my decision. I know I've asked lawyers before but of course I want to know other people perspective.  Hopefully all the opinions if not majority are based through experience and not just personal conclusion. In any rate it help me to decide if its worth to try or not, but the looks of things based on the opinions Ive been reading are all negative. I am ok with it, it is what it is. It is not the end of the world. I can still go to other places. The purpose of this forum is to see the 360 angle of this situation. Thank you for your opinions

[TBoneTX 45,288]

If you're ready for this thread to be closed (your decision), hit the "report post" button and so request.

[Shadow Moon 2]

@jan22 I hope you dont mine my friend, but do you mind if I asked for your email? If it is ok with you