SB-1 or other options

[Saadiah 0]

Hi, 

  My parents are GC holders but they are outside USA (in Pakistan) for last 2 years due to Covid. They have their doctor's letter and my father has been trying to reach the US consulate in Islamabad since day 1 and he has proof of all phone calls and emails to the related personnel. Few weeks ago they even visited Islamabad consulate and there, they were advised to apply for SB-1.

When my father was filing their application online it got struck at appointment date page (08-04-2021) and now whenever he tries again it says appointment not available. So I assume either he somehow missed an appointment for that day or not?

And is it possible for them to get a visit visa instead? As before applying for their immigration, my father applied for visit visa twice, even though he had previously visited USA but was denied on the basis that he should get immigration as I am a US citizen otherwise they didn't have much intentions of residing in the USA. 

Thanks

[SalishSea 17,803]

18 minutes ago, Saadiah said:

Hi, 

  My parents are GC holders but they are outside USA (in Pakistan) for last 2 years due to Covid. They have their doctor's letter and my father has been trying to reach the US consulate in Islamabad since day 1 and he has proof of all phone calls and emails to the related personnel. Few weeks ago they even visited Islamabad consulate and there, they were advised to apply for SB-1.

When my father was filing their application online it got struck at appointment date page (08-04-2021) and now whenever he tries again it says appointment not available. So I assume either he somehow missed an appointment for that day or not?

And is it possible for them to get a visit visa instead? As before applying for their immigration, my father applied for visit visa twice, even though he had previously visited USA but was denied on the basis that he should get immigration as I am a US citizen otherwise they didn't have much intentions of residing in the USA. 

Thanks

Pretty much no chance of a B visa, now that they have clearly demonstrated immigrant intent.

[Boiler 45,449]

SB1 implies they want to live in the US

 

B that they want to visit.

 

So firstly which is it?

[Saadiah 0]

 

4 hours ago, Boiler said:

SB1 implies they want to live in the US

 

B that they want to visit.

 

So firstly which is it?

Right now they have to apply for SB-1 for which my father applied but somehow got stuck in the process. So want to know what could have gone wrong in the application process and how long is the wait time for it.

In case it doesn't get processed I was asking for other options (visit visa).

[Dashinka 24,480]

7 minutes ago, Saadiah said:

 

Right now they have to apply for SB-1 for which my father applied but somehow got stuck in the process. So want to know what could have gone wrong in the application process and how long is the wait time for it.

In case it doesn't get processed I was asking for other options (visit visa).

They would have to formally relinquish their GCs first via the I407, but as @Jorgedig mentioned, they appear to have strong immigration intent, so I would focus on the SB1 as a B2 would be less than a long-shot.  I am not sure if @Nitas_manis still active, but they are the resident expert on SB-1s.  The other option is if they want to immigrate, and have a qualifying family member in the US that can file for them, they can look at that route.

 

Good Luck!

Edited August 12, 2021 by Dashinka

[Saadiah 0]

3 hours ago, Dashinka said:

They would have to formally relinquish their GCs first via the I407, but as @Jorgedig mentioned, they appear to have strong immigration intent, so I would focus on the SB1 as a B2 would be less than a long-shot.  I am not sure if @Nitas_manis still active, but they are the resident expert on SB-1s.  The other option is if they want to immigrate, and have a qualifying family member in the US that can file for them, they can look at that route.

 

Good Luck!

Thanks for your reply. Can you please elaborate on the other option that you mentioned (qualifying family memeber in the US). I'm US citizen.

[Boiler 45,449]

US Citizens can sponsor their parent to immigrate to the US.

[Dashinka 24,480]

8 minutes ago, Saadiah said:

Thanks for your reply. Can you please elaborate on the other option that you mentioned (qualifying family memeber in the US). I'm US citizen.

How did your parents get their GCs in the first place?  USCs can sponsor their parents for an IR5 visa, siblings can sponsor siblings for an F4 visa (although this will take a lot of time).

[Saadiah 0]

I sponsored them. 

[Dashinka 24,480]

20 minutes ago, Saadiah said:

I sponsored them. 

So that would most likely be your fallback if the SB-1 does not work out.  I would focus on the SB-1 avenue first though.

Edited August 12, 2021 by Dashinka

[Mike E 11,739]

If their green cards haven’t expired, then all they need to do is get on the plane and come home.  They will be admitted.  
 

See 

 

 

 

[arken 4,197]

24 minutes ago, Mike E said:

If their green cards haven’t expired, then all they need to do is get on the plane and come home.  They will be admitted.  

They should also be prepared for a potential removal proceeding battle once they are admitted.

[Mike E 11,739]

27 minutes ago, arken said:

They should also be prepared for a potential removal proceeding battle once they are admitted.

CBP is always free to process an LPR as an arriving alien instead of a returning resident, whether the LPR has been gone for 50 years or 50 minutes.  
 

In the  case of OP, if I have pick between further delaying my return because the consulate has decided to provide limited service or just returning, it is an easy choice.  We have to do out best under the trying circumstances of the pandemic.  

[arken 4,197]

14 minutes ago, Mike E said:

CBP is always free to process an LPR as an arriving alien instead of a returning resident, whether the LPR has been gone for 50 years or 50 minutes.  
 

Of course they are free to do so, the only thing is they won't by default otherwise the provision of reentry permit or SB-1 visa would not exist at all. They will make a judgement call depending on the person's reasoning and admit accordingly.

 

14 minutes ago, Mike E said:

In the  case of OP, if I have pick between further delaying my return because the consulate has decided to provide limited service or just returning, it is an easy choice.  We have to do out best under the trying circumstances of the pandemic.  

I am not in the opposition of just coming in. The message is being conveyed as if one can just come in and will have no issues. My point is they should be made aware of the possible removal proceedings as well after being admitted.

[Boiler 45,449]

LPRs have been free to enter and now there is a SB 1 on file