Sb1 Process (split)

[ModernFamily 1]

Hi everyone, similar situation here. I am staying abroad with my family for work. Wife and kids (LPR) did not get a re-entry permit as the plan was to travel back within a year. Then Covid came. We started the returning resident application in Sep 2020, but the consulate did not process visa applications at that time. They resumed processing in Feb 2021 and asked us to resubmit the application which we did - indicating our travel date in July. Then it got quiet again for a long time.

 

I had more or less given up on the visa application and was thinking to just explain the delay and provide evidence of US ties when entering the US (also hearing others who managed to return this way). But now just this week the consulate finally comes back with an appointment, one month before our travel date, and tells us not to make travel plans until we have the visa.

 

I have a feeling that the visa may take longer than a month and we really really don't want to delay our return the US any longer (we are on our 5th confirmed flight reservation now). What should we do? If we go ahead with the appointment, there is a good chance that processing will take >1 month and we will miss our window to return this summer. If we stop the application, it may be harder to claim exceptional circumstances when entering the US, since we were given the choice to follow the regular process.

 

Has anyone been through this SB-1 process since Covid? How long did it take from the first appt? Do you have to leave your passport behind so you cannot travel while the application is pending? Any advice is appreciated!

[Ontarkie 14,143]

~~Hijack post split to its own thread. ~~

[ModernFamily 1]

You're right, this was really a new question, thanks for splitting into a new thread.

[SusieQQQ 11,586]

On 6/11/2021 at 11:10 AM, ModernFamily said:

Hi everyone, similar situation here. I am staying abroad with my family for work. Wife and kids (LPR) did not get a re-entry permit as the plan was to travel back within a year. Then Covid came. We started the returning resident application in Sep 2020, but the consulate did not process visa applications at that time. They resumed processing in Feb 2021 and asked us to resubmit the application which we did - indicating our travel date in July. Then it got quiet again for a long time.

 

I had more or less given up on the visa application and was thinking to just explain the delay and provide evidence of US ties when entering the US (also hearing others who managed to return this way). But now just this week the consulate finally comes back with an appointment, one month before our travel date, and tells us not to make travel plans until we have the visa.

 

I have a feeling that the visa may take longer than a month and we really really don't want to delay our return the US any longer (we are on our 5th confirmed flight reservation now). What should we do? If we go ahead with the appointment, there is a good chance that processing will take >1 month and we will miss our window to return this summer. If we stop the application, it may be harder to claim exceptional circumstances when entering the US, since we were given the choice to follow the regular process.

 

Has anyone been through this SB-1 process since Covid? How long did it take from the first appt? Do you have to leave your passport behind so you cannot travel while the application is pending? Any advice is appreciated!

My understanding is that if they give you an appointment they have essentially pre-approved the visa. @Nitas_man has been through the process and can perhaps comment/correct me if this is wrong.  Not sure why you think it would take more than a month to process after the interview, can you explain that?

[ModernFamily 1]

42 minutes ago, SusieQQQ said:

My understanding is that if they give you an appointment they have essentially pre-approved the visa. @Nitas_man has been through the process and can perhaps comment/correct me if this is wrong.  Not sure why you think it would take more than a month to process after the interview, can you explain that?

That's encouraging.  The consulate told me this appointment is the first of two appointments, in which they will determine if the applicants qualify to apply for the SB1 visa. If yes they will give out more instructions "including medical instructions."  So my expectation is my family may need some sort of medical exam and then go back for the second appointment. This could be quick but could also easily take a longer time - depending on what's involved in the medical exam and how quickly the visa is processed after the second appointment (same day pickup or passports mailed back to us later). I guess we will know more after the first appointment. 

[SusieQQQ 11,586]

On 6/13/2021 at 3:02 PM, ModernFamily said:

That's encouraging.  The consulate told me this appointment is the first of two appointments, in which they will determine if the applicants qualify to apply for the SB1 visa. If yes they will give out more instructions "including medical instructions."  So my expectation is my family may need some sort of medical exam and then go back for the second appointment. This could be quick but could also easily take a longer time - depending on what's involved in the medical exam and how quickly the visa is processed after the second appointment (same day pickup or passports mailed back to us later). I guess we will know more after the first appointment. 

Oh, ok. So the first appointment is actually where they see if you qualify - and the second (requiring medical (etc) is the actual immigrant visa interview. 

[ModernFamily 1]

OK, so we had the first appointment today and got further instructions. Next step is to get a police certificate, which will take 1-2 weeks (I wish I had known so I could have requested it earlier). After that we can schedule the second (interview) appointment. at which point we will also get medical instructions. It may still be possible to complete all this and get the visa within a month, but it seems very tight.

 

I guess now that the SB1 process has finally started we are on the hook to finish it, but I still wonder what would happen if we would travel to the US right now and explain our delayed return based on the exceptional circumstances when asked. Any experiences from people who overstayed their 1 year limit abroad and were still admitted with leniency from immigrations officers due to Covid? 

[Boiler 44,949]

You said you were abroad for work?

[ModernFamily 1]

7 hours ago, Boiler said:

You said you were abroad for work?

Yes, I got an assignment here from my US employer. We have family here, so there were also personal reasons.

[Chancy 6,239]

On 6/18/2021 at 6:07 AM, ModernFamily said:

I guess now that the SB1 process has finally started we are on the hook to finish it, but I still wonder what would happen if we would travel to the US right now and explain our delayed return based on the exceptional circumstances when asked.

 

It's possible that CBP would refer you to an immigration judge if you apply for entry with your green card.  Your DS-117 is already in DOS records and CBP may have access to it when they interview you.  I don't recommend risking a trip to immigration court when you are already this close to getting an SB1 visa.

 

[SusieQQQ 11,586]

11 hours ago, Chancy said:

 

It's possible that CBP would refer you to an immigration judge if you apply for entry with your green card.  Your DS-117 is already in DOS records and CBP may have access to it when they interview you.  I don't recommend risking a trip to immigration court when you are already this close to getting an SB1 visa.

 

I agree with this 

[SusieQQQ 11,586]

On 6/18/2021 at 12:01 AM, ModernFamily said:

Yes, I got an assignment here from my US employer. We have family here, so there were also personal reasons.

So it’s not actually “Covid”?

[ModernFamily 1]

34 minutes ago, SusieQQQ said:

So it’s not actually “Covid”?

It was going to be an extended stay from the beginning, but Covid is what pushed it over the 1-year limit.

[ModernFamily 1]

12 hours ago, Chancy said:

 

It's possible that CBP would refer you to an immigration judge if you apply for entry with your green card.  Your DS-117 is already in DOS records and CBP may have access to it when they interview you.  I don't recommend risking a trip to immigration court when you are already this close to getting an SB1 visa.

 

Yes, that makes sense, we certainly don't want to take that risk especially if it is just a matter of a couple of weeks to follow the regular process. Good news is that the police certificate came in the mail today, much sooner than expected, so we can go ahead and schedule the second appointment.

[Chancy 6,239]

39 minutes ago, ModernFamily said:

we can go ahead and schedule the second appointment.

 

Thanks for the update and please do let us know how it goes.  We have very few reports of SB1 cases here.  Yours would be good reference for VJ readers.