returning resident visa step

[jppaul 1]

Hi,

 

I am a naturalized us citizen and staying in Texas for last 20 years. My mom got her green card in 2005 through me.

She is out of USA since last December and would not be back in USA this year because of COVID-19.

I am thinking about try to apply returning resident visa after COVID-19 vaccine gets distributed for the public.

My question is what are the steps of for returning resident visa (SB1), looks like after SB1 approved we need to file immigration visa.

I am confused about immigration visa part after SB1. After SB1 gets approved can she travel back to USA. Or she has to do the immigrant visa processing in consulate/nvc before she returns to USA.

Please clarify on this. Thanks in advance.

[SusieQQQ 11,586]

SB1 is an immigrant visa, but rather than being petitioned again to get one you get it by showing factors beyond your control kept you out the US > one year. The first part of the application is to screen reasons etc and see if it is valid (think about this part as kind of equivalent to a petition being approved), and the second is the actual immigrant visa interview. She needs the immigrant visa before she can return.

 

Tagging @Nitas_manas the resident SB1 expert. 

[Duke & Marie 1,389]

I would be cautious risking her GC by putting off her return until a vaccine has been developed and approved for general use by the public given no vaccine has yet been developed or approved for any other covid strains e.g. covid 2, covid 12... 

Edited July 11, 2020 by Duke & Marie

[aaron2020 11,651]

To qualify for an SB1 visa, the person needs to prove that it was beyond their control to return to the US.  Waiting for a Covid vaccine is not beyond her control.  She needs to just get on a plane like many other people.  If the SB-1 is denied, she will need to go through the entire immigration visa process again.  

[LizzyGreen 110]

24 minutes ago, aaron2020 said:

To qualify for an SB1 visa, the person needs to prove that it was beyond their control to return to the US.  Waiting for a Covid vaccine is not beyond her control.  She needs to just get on a plane like many other people.  If the SB-1 is denied, she will need to go through the entire immigration visa process again.  

can she risk it and get on the plane and arrive the state to see if she'll be allowed into the country? At the point of entry, she might be referred to an immigration judge to give judgement on her case. 

 

Because from what I learnt, trump is truing to cancel IR5 Immigrant visa vlass. So the risk of getting denied and re-apply, is too high with a higher chances of getting denied.

[Lil bear 4,225]

11 hours ago, jppaul said:

Hi,

 

I am a naturalized us citizen and staying in Texas for last 20 years. My mom got her green card in 2005 through me.

She is out of USA since last December and would not be back in USA this year because of COVID-19.

I am thinking about try to apply returning resident visa after COVID-19 vaccine gets distributed for the public.

My question is what are the steps of for returning resident visa (SB1), looks like after SB1 approved we need to file immigration visa.

I am confused about immigration visa part after SB1. After SB1 gets approved can she travel back to USA. Or she has to do the immigrant visa processing in consulate/nvc before she returns to USA.

Please clarify on this. Thanks in advance.

The risk with her staying out is that the SB1 is refused ( likely for reasons as already stated ) and that the IR5 category is no longer available. For me, that would be too great a risk .. if it was me, I would be  returning well before 12 months. Her situation is one reason why becoming a naturalised US citizen as soon as eligible is a good idea. .

[SusieQQQ 11,586]

16 minutes ago, Angel4love said:

can she risk it and get on the plane and arrive the state to see if she'll be allowed into the country? At the point of entry, she might be referred to an immigration judge to give judgement on her case. 

 

Because from what I learnt, trump is truing to cancel IR5 Immigrant visa vlass. So the risk of getting denied and re-apply, is too high with a higher chances of getting denied.

They may not allow her on the plane. Last couple of times I flew on my green card, the airline staff asked me at check in how long it was since I had been in the US, I got the impression they would deny boarding if over a year. Not sure if all airlines are doing it but the ones I flew did.

[LizzyGreen 110]

1 minute ago, SusieQQQ said:

They may not allow her on the plane. Last couple of times I flew on my green card, the airline staff asked me at check in how long it was since I had been in the US, I got the impression they would deny boarding if over a year. Not sure if all airlines are doing it but the ones I flew did.

I doubt they'll stop you. Get a direct flight to the state.

[aaron2020 11,651]

Lots of airlines will not let an LPR who has stayed out of the US more than a year to board.  I've seen it happen twice while traveling.

[aaron2020 11,651]

2 minutes ago, Angel4love said:

I doubt they'll stop you. Get a direct flight to the state.

How does a direct flight solve the problem?  The problem is the airline will not let the person board.  How are they going to avoid that?  Force their way onto the plane?
 

[Lil bear 4,225]

1 hour ago, Angel4love said:

I doubt they'll stop you. Get a direct flight to the state.

The airline faces big fines and must repatriate the traveller if they board a passenger  who is refused at entry because of foreseeable visa / passport issues 

[retheem 566]

But why would you want to take such a risk with a deranged administration in power? Frankly, it baffles me how people play Russian Roulette with some of these things...get your mum here before things change to the left

 

Edited July 11, 2020 by retheem

[African Zealot 1,455]

2 hours ago, aaron2020 said:

Lots of airlines will not let an LPR who has stayed out of the US more than a year to board.  I've seen it happen twice while traveling.

I know lying to immigration officials is a crime. Is lying to airline check-in agents also a crime? If it is not, is it against the TOS?

 

A link would be helpful, thanks.

[retheem 566]

37 minutes ago, Ray.Bonaquist said:

I know lying to immigration officials is a crime. Is lying to airline check-in agents also a crime? If it is not, is it against the TOS?

 

A link would be helpful, thanks.

Asamoah and Kwesi must see this😂😂😂

[SusieQQQ 11,586]

If this mom was sponsored  by OP and she has already had her green card for 15 years, and OP is too nervous to let her travel before a Covid vaccine is available, one might assume she is not young. Now I know we are all different, but I personally wouldn’t leave it up to my elderly parent to lie at check in and then have to face secondary by CBP and potentially be referred to an immigration judge. From many posts here that seems to be a stressful experience at any age, I can imagine even more so for an older and possibly (given the emphasis on vaccine) frail person to have to go through. Maybe some of you wouldn’t care if your old parents had to do that, but if it were me I’d certainly rather know that their path in was going to be smooth than put them through that.