Visiting sick relative while out of status

[Sonia234 0]

Hello

 

I am a British citizen greencard holder (valid until 2024) who lived in the USA for 15 years and married a US citizen and have a 5 year old duel citizen (US/UK) son born in the US.

 

We left the US in 2020 when covid struck to be close to family in the UK and more comfortable during lockdowns as we were squeezed into a very small apt in SF.

 

We expected to be in the UK a few months, but with UK lockdowns and travel bans and a close family member passing away whilst we were here we ended up staying in the UK until now. I understood overstaying without a re-entry visa would mean my greencard would become invalid.

 

We are fairly settled here now and have sold our SF apartment and both work remotely in web design for a UK based company. We aren’t in a hurry to move back to the states yet,  however my elderly mother-in-law who is in the US is critically ill and I would like to be able to visit her for the last time and take our son to see her if at all possible and I’m wondering if there is any way to do this.

 

I applied for an SB-1 last year to see if there was a simple route to re-enter the US (before mother-in-law was so critically ill), with a plan to then get a re-entry visa this time before leaving for the UK again. Unsurprisingly SB-1 was denied, so the long term plan is to file an I-407 and then apply for a new greencard from the UK via my husband (understanding that this will likely be a very long winded process which we are fine with).

 

In the short term however I’m wondering if there is a way to re-enter the US to visit my mother-in-law for a couple of weeks before she passes away and would welcome and thoughts on the following options:

 

1: Attempt to enter on greencard at US border, however with an SB-1 denial on record i’d imagine low chance of being granted entry.

 

2: Attempt to file I-407 at US embassy in London and then apply for a visitor visa at the embassy

 

3: File I-407 by mail to the US this week and once filed apply for an ESTA (assume this may take too long as mother-in-law only has short time left)

 

Are any of the above worth trying or any other options I haven’t considered? 
 

Thanks in advance 

[milimelo 4,487]

With everything written, nothing will be fast or timely. May just have to send your husband to be with his mother and come to terms you may not be able to see her except over video. 

[Redro 4,611]

4 hours ago, Sonia234 said:

Hello

 

I am a British citizen greencard holder (valid until 2024) who lived in the USA for 15 years and married a US citizen and have a 5 year old duel citizen (US/UK) son born in the US.

 

We left the US in 2020 when covid struck to be close to family in the UK and more comfortable during lockdowns as we were squeezed into a very small apt in SF.

 

We expected to be in the UK a few months, but with UK lockdowns and travel bans and a close family member passing away whilst we were here we ended up staying in the UK until now. I understood overstaying without a re-entry visa would mean my greencard would become invalid.

 

We are fairly settled here now and have sold our SF apartment and both work remotely in web design for a UK based company. We aren’t in a hurry to move back to the states yet,  however my elderly mother-in-law who is in the US is critically ill and I would like to be able to visit her for the last time and take our son to see her if at all possible and I’m wondering if there is any way to do this.

 

I applied for an SB-1 last year to see if there was a simple route to re-enter the US (before mother-in-law was so critically ill), with a plan to then get a re-entry visa this time before leaving for the UK again. Unsurprisingly SB-1 was denied, so the long term plan is to file an I-407 and then apply for a new greencard from the UK via my husband (understanding that this will likely be a very long winded process which we are fine with).

 

In the short term however I’m wondering if there is a way to re-enter the US to visit my mother-in-law for a couple of weeks before she passes away and would welcome and thoughts on the following options:

 

1: Attempt to enter on greencard at US border, however with an SB-1 denial on record i’d imagine low chance of being granted entry.

 

2: Attempt to file I-407 at US embassy in London and then apply for a visitor visa at the embassy

 

3: File I-407 by mail to the US this week and once filed apply for an ESTA (assume this may take too long as mother-in-law only has short time left)

 

Are any of the above worth trying or any other options I haven’t considered? 
 

Thanks in advance 

Another member flew to the US a few weeks ago on a Green Card that was about to expire... you can always attempt to fly to the States on the US as you still have a valid green card. 

 

Look at this thread for reference.

 

[Crazy Cat 41,919]

Two things stand out here.  That SB-1 denial might be a big thorn in your side.  It is on record.  In addition, your words and actions of selling your apartment and working for a UK company look like you have already voluntarily abandoned your Green Card.  What is your spouse's status in the UK?  

[Dashinka 24,527]

One option might be to try and fly in with the GC (SB1 denial and all), and if CBP offers a B2 for a signature on an I407, then you are set. 

[Crazy Cat 41,919]

Just now, Dashinka said:

One option might be to try and fly in with the GC (SB1 denial and all), and if CBP offers a B2 for a signature on an I407, then you are set. 

Good idea.  I like it......seems the OP is not interested in residing in the US. 

[Sonia234 0]

Thanks for your responses...

 

@crazycat my husband has a 5 year UK residence visa 

@Dashinka thanks for this suggestion - I'll look into this further

 

Assuming this route doesn't look viable - I would still like to attempt to go back in the next 6-10 months to see family if possible while awaiting the new green card.

Might this be possible by applying for a B2 at the embassy in London or even an ESTA once I-407 has been filed?

Do you happen to know a VERY rough idea of how long the entire green card process could take from filing I-407 to receiving a new green card? (I'm guessing around 2 years?!)

 

Thanks again for any of your thoughts 

 

 

 

[Crazy Cat 41,919]

1 minute ago, Sonia234 said:

Do you happen to know a VERY rough idea of how long the entire green card process could take from filing I-407 to receiving a new green card? (I'm guessing around 2 years?!)

 

That is a reasonable estimate.  Good Luck. 

[Boiler 45,579]

You have said contradictory statements, are you looking to move back to the US or not?

[Sonia234 0]

@BoilerSorry if it wasn’t clear… we would

ideally like to potentially settle back in the US in 1-2 years which is why the plan is to apply for a new greencard now (knowing the timeline is around this length).

 

In the short term I had hoped to try and get back to see my FIL whilst he is critically ill which sounds like it will be extremely difficult.

 

Longer term we had hoped to visit over the next 1-2 years to see family if possible whilst awaiting the new greencard. So my question is - might this be possible with a B2 or ESTA once the I-407 is processed? Should I attempt to processes I-407 at the embassy in London for expedience?

 

many thanks