SB1, reentry permit or try to go back?

[Lucky2Lucky 2,526]

I want to point out as well there may be negative affects on “keeping your permanent residency,” in the US if you are using health care benefits in the UK as well. I believe that may be seen as a break in US residency.

[aaron2020 11,651]

Claiming any benefits requiring UK residency could be used to determine that a green card holder gave up US residency.  

[Boiler 45,467]

I do not understand the basis of a SB1 application, could you explain?

 

Is your Husband a UKC as well, on what basis will be he staying in the UK.

 

NHS, well the full version is available to residents, on what basis are you in the UK?

[African Zealot 1,455]

14 hours ago, Stef88 said:

 

On another note, by reading all around this forum, I found people suggesting to try to fly to the USA after the one year time, and deal with the immigration agent directly at POE. He can either sent you in front of an immigration judge or either just sign the passport and you can actually have chance to get away with it. I mean, considering the covid and the pregnancy, I might actually find somebody understanding the situation. I know it's a long shot, but it doesn't cost anything to try. Do you know anything about it? 

That’s my preferred route because I personally know two people it worked for including one who ignored my suggestion of an alternative solution. Both breezed through immigration with no issues whatsoever.

 

I may be biased because I tend to be a supreme optimist and allergic to taking a “step back” in immigration processes. Ultimately there’s no right answer because there are future variables we cannot predict such as immigration officer leniency etc.

Edited October 29, 2020 by Ray.Bonaquist

[Stef88 2]

8 hours ago, aaron2020 said:

The problem would be boarding a flight to the US since most airlines will not board an LPR who has been outside the US for more than a year.  If you can convince the airline to let you board, you have a fairly good chance of getting in without being referred for abandonment of your LPR status.  

Hi, thanks for your answer. What you are saying is completely new to me. I have been flying to the USA probably 15 times already, with my green card. None ever asked me at the boarding gate, or even at the desk where they print your ticket, how long I have been out of the USA or checked my green card in a system or something. Every time, they ask me if I am permanent resident, I say yes, they look at the green card comparing the name and picture on the passport visually and tell me "have a good flight". 

Is it only me just have been lucky until now?

[Stef88 2]

26 minutes ago, Ray.Bonaquist said:

That’s my preferred route because I personally know two people it worked for including one who ignored my suggestion of an alternative solution. Both breezed through immigration with no issues whatsoever.

 

I may be biased because I tend to be a supreme optimist and allergic to taking a “step back” in immigration processes. Ultimately there’s no right answer because there are future variables we cannot predict such as immigration officer leniency etc.

Oh believe me, I know A LOT of people who did it without problems, with situations much more dangerous than this. And I agree with you on the fact there is no right asnwer: honestly it all depends how the Immigration Officer would wake up that morning. 

Considering also the elections are imminent, the situation will either change and become a bit more relaxed or getting worst. 

[Stef88 2]

7 hours ago, Luckycuds said:

I want to point out as well there may be negative affects on “keeping your permanent residency,” in the US if you are using health care benefits in the UK as well. I believe that may be seen as a break in US residency.

I am not sure about this. Everyone knows that all citizens with a double citizenship, in case we travel in Europe where the healthcare is free and the constitution specifically says the healthcare is available to everyone, no matter the race or country of origin, we can access to it in case of emergency. Giving birth is considered one of those cases. Even USA itself provide free birth and protection for women that are not LPR and do not have health insurance. Denying that right in another country will be a contradiction honestly. 

[Stef88 2]

12 hours ago, carmel34 said:

So if you try to enter the US after giving birth in March 2021, that would be more than a year away, you might be let in by a kind officer, but your post said that you plan on staying in the UK until 2023.  That would be very risky in my opinion, to wait that long.

Hello! I apologize I was not clear. The plan of returning to the USA after the birth of the baby will happen right away, meaning if the baby is born at the beginning of March, we will probably try to catch a flight at the end of March or beginning of April. Considering I left the USA at the end of January of this year, my year would have been expired only for a couple of months. Then, the plan is actually to remain in the USA until January 2022 which is when my Master will start and apply for a re-entry permit, which I am sure should be approved because of the school acceptance letter (I am sorry I was not clear about it. I asked for a deferral because of pregnancy. When I said I needed to stay in UK until middle of 2023, it was cumulative time, in case of me abandoning my LPR. But I am considering every possible solution.)

 

Regarding the SB1, I do understand everybody's opinions guys and I much appreciate it. However, I ll give a bit of details, but trying not being too personal. Our plan was to return to the USA after travelling across Europe (and UK) with our campervan and after we found out I was pregnant which was July. Unfortunately my pregnancy had complications, that required me to go through continuos medical examinations. That's why we stopped travelling and remained in UK. ( I did not want to live in UK until actually my Master degree started but here we are). The doctors advised me to avoid travel, first because of my complicated pregnancy and because of the risk of catching covid during pregnancy in an airplane. These will be my basis to claim SB1. Of course I have all my medical documentation. 

 

Edited October 29, 2020 by Stef88

[Lucky2Lucky 2,526]

1 hour ago, Stef88 said:

I am not sure about this. Everyone knows that all citizens with a double citizenship, in case we travel in Europe where the healthcare is free and the constitution specifically says the healthcare is available to everyone, no matter the race or country of origin, we can access to it in case of emergency. Giving birth is considered one of those cases. Even USA itself provide free birth and protection for women that are not LPR and do not have health insurance. Denying that right in another country will be a contradiction honestly. 

I’m just pointing out the US does NOT offer free birth and protection for women who are not LPR/citizens. These people just don’t pay their medical bills and hospitals and citizens are the ones that have to pay for this. Only those documented/citizens can qualify for emergency (pregnancy) medicaid as long as they have a low enough income. 
in your situation I think you are misunderstanding. You are not accessing healthcare For a one off situation. You Are utilizing it for a 10 month pregnancy. Claiming to be a UK resident to utilize these resources can be an abandonment of US residency. (I’m not saying don’t access the healthcare and let your pregnancy suffer- I’m just saying in your situation this does not help you sHow you have maintained US residency...which is a requirement to keep your LPR status)

[Boiler 45,467]

1 hour ago, Stef88 said:

I am not sure about this. Everyone knows that all citizens with a double citizenship, in case we travel in Europe where the healthcare is free and the constitution specifically says the healthcare is available to everyone, no matter the race or country of origin, we can access to it in case of emergency. Giving birth is considered one of those cases. Even USA itself provide free birth and protection for women that are not LPR and do not have health insurance. Denying that right in another country will be a contradiction honestly. 

I do know that that every  European Country is different, and anyway we are talking about the UK where access is determined by Residency not Citizenship.

 

So are you claiming to be UK resident?

[carmel34 3,621]

On 10/29/2020 at 4:01 AM, Stef88 said:

The doctors advised me to avoid travel, first because of my complicated pregnancy and because of the risk of catching covid during pregnancy in an airplane. These will be my basis to claim SB1. Of course I have all my medical documentation. 

1.  Go ahead and apply for an SB-1 now, based on the medical documentation as the reason beyond your control, and hope it gets approved before April 2021 when you hope to return to the US.  The SB-1 would be filed with the London US Embassy, with a DS-117 and supporting documentation, including evidence that you have maintained ties to the US, such as filing US tax returns, maintained a US residence, state driver's license, active bank accounts, etc.

 

2.  If the SB-1 is denied, then you could try to return to the US in early April 2021 after the birth of your baby and hope that the CBP officer is kind and lets you in.  Be sure to have the baby's US passport with you, which could take some time after the birth abroad, so know the process and how long that might take.  There is also the possibility under this scenario, that they would see the denied SB-1 and deny entry.

 

3.  If #1 or #2 work out for you, live in the US until you have to return to the UK in January 2022 for your master's program.   Apply for a re-entry permit (I-131) once you are back in the US in April 2021 and hope it gets approved in the 9 months before you leave for the UK.  Then use the re-entry permit to return within two years.

 

4.  If the CBP officer does not let you in under scenario #2, ask to be admitted so you can appear before an immigration judge.  Normally they would release you while waiting for the court date, but they can also detain you which would be unlikely, especially if you have a newborn baby with you.  Take your medical documentation submitted with the SB-1 to the immigration judge hearing and hope for the best.  If approved to keep your LPR status, follow #3.  The immigration judge may decide to revoke your LPR status, in that case you would be deported and sent back to the UK.

 

5.  If your LPR status is revoked, you will have to return to the UK.  In order to return to the US, your USC spouse can file a new I-130 to petition for a spousal visa, which should be approved by the time you are ready to return to the US in 2023 after your master's program.

 

6.  You could also choose to voluntarily leave the US if refused entry by CBP under scenario #2, return to the UK, and follow scenario #5.  The advantage of this option would be no immigration court with no chance of a deportation on your record.

 

I hope it works out for you and your family, whatever you decide.  Good luck!

Edited October 30, 2020 by carmel34

[Nitas_man 3,100]

On 10/28/2020 at 8:20 AM, Stef88 said:

Ok, first, how to I give up my green card? I also read somewhere that that actually doesn't look good for establishing you wanted to make USA your first residence, which is what we want to. We still have everything there, bank accounts, tax returns, storages, vehicle under our names that we pay registration for and of course family. 

When you say re-petion me, meaning applying for a whole new green cvard and start all over again? 

The first time was a nightmare, not sure I wanna do it again.

mmmmk we did both.  Surrendered a green card then re-processed for a new one in 2011 to return in 2012 and got an SB1 in 2017 to return in 2018.

For you?  Either way.  The SB1 is just as difficult as the IR1, application / interview to see if you qualify, then new medical, then new support affidavit.  IR1 you know what’s involved - new petition, etc.  

Your ties to the US are very similar to ours.  Nita never worked or was allowed to work while I was working out of the country, her case was pretty straightforward.  I had both - a filled out petition package and the application for SB1 ready and it’s suggested that you and your husband do the same.

 

On 10/28/2020 at 8:29 PM, aaron2020 said:

You would be refused an SB-1 since you had ample opportunities to return to the US.  An SB-1 requires a situation outside of your control.  There have been flights from the UK to the US.  You choose not to fly back, so your chances of an SB-1 are zero.

Covid and pregnancy are not valid reasons to be outside the US for more than a year.  

 

You have two real choices.  Try to convince an airline to let you board and take your chances with CBP or file an I-407 to relinquish your LPR status and have your husband file a new I-130 to start the immigration process.  

Nonsense

 

Edited November 1, 2020 by Nitas_man

[Nitas_man 3,100]

11 minutes ago, Nitas_man said:

mmmmk we did both.  Surrendered a green card then re-processed for a new one in 2011 to return in 2012 and got an SB1 in 2017 to return in 2018.

For you?  Either way.  The SB1 is just as difficult as the IR1, application / interview to see if you qualify, then new medical, then new support affidavit.  IR1 you know what’s involved - new petition, etc.  

Your ties to the US are very similar to ours.  Nita never worked or was allowed to work while I was working out of the country, her case was pretty straightforward.  I had both - a filled out petition package and the application for SB1 ready and it’s suggested that you and your husband do the same.

 

Nonsense

 

here ya go.  Have fun!

[Nitas_man 3,100]

On 10/30/2020 at 12:13 PM, carmel34 said:

1.  Go ahead and apply for an SB-1 now, based on the medical documentation as the reason beyond your control, and hope it gets approved before April 2021 when you hope to return to the US.  The SB-1 would be filed with the London US Embassy, with a DS-117 and supporting documentation, including evidence that you have maintained ties to the US, such as filing US tax returns, maintained a US residence, state driver's license, active bank accounts, etc.

 

2.  If the SB-1 is denied, then you could try to return to the US in early April 2021 after the birth of your baby and hope that the CBP officer is kind and lets you in.  Be sure to have the baby's US passport with you, which could take some time after the birth abroad, so know the process and how long that might take.  There is also the possibility under this scenario, that they would see the denied SB-1 and deny entry.

 

3.  If #1 or #2 work out for you, live in the US until you have to return to the UK in January 2022 for your master's program.   Apply for a re-entry permit (I-131) once you are back in the US in April 2021 and hope it gets approved in the 9 months before you leave for the UK.  Then use the re-entry permit to return within two years.

 

4.  If the CBP officer does not let you in under scenario #2, ask to be admitted so you can appear before an immigration judge.  Normally they would release you while waiting for the court date, but they can also detain you which would be unlikely, especially if you have a newborn baby with you.  Take your medical documentation submitted with the SB-1 to the immigration judge hearing and hope for the best.  If approved to keep your LPR status, follow #3.  The immigration judge may decide to revoke your LPR status, in that case you would be deported and sent back to the UK.

 

5.  If your LPR status is revoked, you will have to return to the UK.  In order to return to the US, your USC spouse can file a new I-130 to petition for a spousal visa, which should be approved by the time you are ready to return to the US in 2023 after your master's program.

 

6.  You could also choose to voluntarily leave the US if refused entry by CBP under scenario #2, return to the UK, and follow scenario #5.  The advantage of this option would be no immigration court with no chance of a deportation on your record.

 

I hope it works out for you and your family, whatever you decide.  Good luck!

Um when you submit your application for SB1 you submit your physical green card.

I’m not sure you get it back after a ruling is made that you are not a returning resident.

[Nitas_man 3,100]

On 10/29/2020 at 6:43 AM, Luckycuds said:

I’m just pointing out the US does NOT offer free birth and protection for women who are not LPR/citizens. These people just don’t pay their medical bills and hospitals and citizens are the ones that have to pay for this. Only those documented/citizens can qualify for emergency (pregnancy) medicaid as long as they have a low enough income. 
in your situation I think you are misunderstanding. You are not accessing healthcare For a one off situation. You Are utilizing it for a 10 month pregnancy. Claiming to be a UK resident to utilize these resources can be an abandonment of US residency. (I’m not saying don’t access the healthcare and let your pregnancy suffer- I’m just saying in your situation this does not help you sHow you have maintained US residency...which is a requirement to keep your LPR status)

Also not true.  We were residents of Saudi Arabia and used their healthcare system, using their healthcare system does not mean you have abandoned US reaidency