SB1 Visa

[Dashinka 24,494]

28 minutes ago, Boiler said:

Begs the question how she can work if the reason for her not returning to the US is the need to care for her Parent?

That would be the biggest question I would have if I was the CO evaluating an SB1 application.

[Child of the Sun1 0]

@Dashinka  I was wondering myself but she said when she goes to work someone is temporarily covering for her and that was her step mother's sister. She said  she call hers to cover for her temporarily. They did have an agreement to help her out as well. I've asked her how come you didn't take this opportunity to go back here in the states? she said  that time she doesn't have money and she never heard of the sb1 visa.  Either way she couldnt go because of financial as well and the idea of such visa exists She also added she started working when her father was just a bit stable. Nevertheless, the COPD is still there it doesnt have a cure. 

Edited June 8, 2020 by Child of the Sun1

[Dashinka 24,494]

2 minutes ago, Child of the Sun1 said:

@Dashinka  I was wondering myself but she said when she goes to work someone is temporarily covering for her and that was her step mother's sister. She said she said she call hers to cover for her temporarily. She also added she started working when her father was just a bit stable. Nevertheless, the COPD is still there it doesnt have a cure. 

Yes, my father had COPD as well, it can be tough. But my point is if your friend is now going to pursue an SB1 with the reason for her being outside the US as an LPR beyond her control for four plus years due to her need to care for her ailing father, who will take care of the father when she returns to the US?  This would be my biggest question if I were the CO.

[Child of the Sun1 0]

@Dashinka  That would be the sister of her step mother, They made arraingments and now she moved in next door to be sure she will be there right away. Before she lives like 40 mins to an 1hr away. So now she moved in next door to help. She couldnt make this decision long time ago because she was also taking care of some personal stuff with her family. Now she is she already agreed to move in next door. As a matter of fact she already moved last roughly Dec of last yr or Jan of this yr

[Lil bear 4,201]

3 hours ago, Child of the Sun1 said:

I heard that LPR who is been outside the country is not allowed to work because he/she may loose their Greencard. But my question is how can this person support or even afford to survive and pay the fees for applying the SB1 visa if this person is only relying itself?

 

They are not supposed to be “living” outside the US .... visiting yes .. living no.. you can’t be a “resident” in two places at the same time. Either a “ resident” of the US but out  for a vacation or short trip .. or no longer a resident of the US, having taken up residence .. for what ever reason., in another country. I encourage you to try and let go of you own ideas on how this should work and accept the right of USCIS to make and enforce the rules. 

Edited June 8, 2020 by Lil bear

[Child of the Sun1 0]

@Lil bear Ok I will let go of that opinion then answer me this, If she indeed has a case beyond of her control, how can she pay the fees that is attached on this visa? how can she afford a plane ticket? pls do answer that

[Child of the Sun1 0]

@Lil bear I do understand you cant be a resident in two countries but what was the intention of working abroad? that is why I was asking if lets say she does have a case of beyond her control  and about taking care of dad then how can she afford paying the fees or the plaine ticket? how can you start your life back in america? what if nobody wants to help you financially on that case? then what? pls do answer its a question for you

[Boiler 45,499]

If she can not afford to relocate then that rather brings the whole topic to a close.

[Dashinka 24,494]

17 minutes ago, Child of the Sun1 said:

@Lil bear I do understand you cant be a resident in two countries but what was the intention of working abroad? that is why I was asking if lets say she does have a case of beyond her control  and about taking care of dad then how can she afford paying the fees or the plaine ticket? how can you start your life back in america? what if nobody wants to help you financially on that case? then what? pls do answer its a question for you

There are always exceptions, but in the end, life choices are up to each individual.  As suggested in the other thread, if she thinks she has a case for an SB1, she can try.  The forms are fairly simple, but as I understand SB1s are very rare, but that may be more due to the fact that most LPRs do not leave the US for extended periods of time, and hence the SB1 may just not be very popular from a need standpoint.  Based on the few stories I have seen, there does appear to be a bit more scrutiny on these applications since the COs need to make a determination if the LPR actually abandoned their LPR status.  Most of the successful applications I have seen were based more on an LPR either themself, or their spouse working outside the country for an extended period of time for a US based company.  Regardless, she can try.

Edited June 8, 2020 by Dashinka

[Child of the Sun1 0]

@Dashinka I agree with you. But based on my research in Manila Embassy this is the most frequent reasons for filipinos applying for the SB1 visa in Manila. So the reason of taking care of an Ill parent is pretty common reason

[Dashinka 24,494]

12 minutes ago, Child of the Sun1 said:

@Dashinka I agree with you. But based on my research in Manila Embassy this is the most frequent reasons for filipinos applying for the SB1 visa in Manila. So the reason of taking care of an Ill parent is pretty common reason

That may be the case there, and consulates often do take into account cultural norms for the country they are in.  That being the case, I think the biggest hurdle your friend will have is answering question 10 of the DS117.  I would expect that evidence as well as question 11 will be scrutinized especially with a four plus year stay outside the US and a parent that still requires care.

[Child of the Sun1 0]

@Dashinka What is question  number 10?   Correct me if Im wrong I ready one of the cases here in this forum someone stated that the sb1 visa is no longer applicable for people who stayed 5 yrs over? Some Immigration lawyers I spoke to said that sb1 visa doesnt really have any times limits. Well the question is the sb1 visa has a time limit? like its only good fro 3 yrs or 4 yrs?

 

[Dashinka 24,494]

1 minute ago, Child of the Sun1 said:

@Dashinka What is question  number 10?   Correct me if Im wrong I ready one of the cases here in this forum someone stated that the sb1 visa is no longer applicable for people who stayed 5 yrs over? Some Immigration lawyers I spoke to said that sb1 visa doesnt really have any times limits. Well the question is the sb1 visa has a time limit? like its only good fro 3 yrs or 4 yrs?

 

I am not aware of a time limit for the SB1, and reading the qualifying items for an SB1 it does not mention a time out of the US as a disqualifier.

As to question 10 on the DS117, this is what it says.  

 

What continuing ties have you maintained with the United States? What efforts have you made to avoid abandoning your permanent resident status in the United States?

 

[Child of the Sun1 0]

@Dashinka ah ok yes I remember now. WEll as for the continue ties in the US well she has her son or daughter I believed and she did mention recently she is actually in contacts with her employer about the w2 of 2016. The CPA said if they werent able to obtain the w2 on or before july 15 then he will make a note for the Immigration officer.  CPA also added there is nobody in the IRS at the moment to take of a request of the copy of her w2 form. This is what the CPA stated. As far as what effort she did to show not to lose her status as an LPR well what can you suggest what she should do now? I did ask her that and she told me what can she do? she is already tied up with her 70+yr old father with a COPD. that is what she said. But what do you think she should do and how will she answer it?

[Lil bear 4,201]

1 hour ago, Child of the Sun1 said:

@Lil bear I do understand you cant be a resident in two countries but what was the intention of working abroad? that is why I was asking if lets say she does have a case of beyond her control  and about taking care of dad then how can she afford paying the fees or the plaine ticket? how can you start your life back in america? what if nobody wants to help you financially on that case? then what? pls do answer its a question for you

Good luck. I’m done .