SB - 1 denied, returning resident visa

[William2022 0]

Hello,

 

does anyone hear has an experience with this situation? I am green card holder, based on marriage (20 years) ago (divorced now). I gut stuck in Europe due to multiple complications, applied for SB-1 and it was refused, clearly health reasons will not do. I could use ESTA under normal circumstances, but due to the SB1 denial, I need to fill I- 407 (voluntarily give up my card) in order to use ESTA again. I need to travel to the US soon and do not want to sign I-407, what are my options? Thanks W

[Crazy Cat 41,811]

Is your green card expired?  If not, you could travel to the US border, and ask for parole into the country. 

 

If your Green Card is expired, your nearest US embassy might let you purchase a boarding foil.

Edited April 12, 2022 by Crazy Cat

[Mike E 11,739]

Filing SB-1 was a mistake and actually I can’t think of good reason to ever attempt  one.  Just come home using your gc
 

https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case
 

Refuse to sign I-407 if you want to movie it then USA.  Worst case you end up in immigration court years from now.  I think you have a good chance of winning. Meanwhile you can figure out a plan B while in the USA. 
 

Best case nothing happens at all at the port of entry  check point.  
 

If your 10 year green card is expired then per https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf the airline is expected to board you. 

 

 

Edited April 12, 2022 by Mike E

[William2022 0]

Thank you so much for your answer. In case I wanted to have a backup plan in case my GC is a problem, is business visa B-1 an option?

 

W

[aaron2020 11,651]

28 minutes ago, William2022 said:

Thank you so much for your answer. In case I wanted to have a backup plan in case my GC is a problem, is business visa B-1 an option?

 

W

You're not going to qualify for any visa.  Sorry.  

[Mike E 11,739]

40 minutes ago, William2022 said:

Thank you so much for your answer. In case I wanted to have a backup plan in case my GC is a problem, is business visa B-1 an option?

 

W

Waste of time. Lead times are months on B visas. You are just going to make it harder to retain LPR status assuming that is still your objective.   CBP will be mystified as to why you got a B visa when you have a green card. 
 

Your green card is your airline boarding document and it is also your port of entry document.  So use it if you want to come to America. 
 

Legally one  of three things will happen:

 

* you will be admitted as a returning resident. You keep your green card.  

 

* you will admitted as an arriving alien.  You will likely lose your green card but if you do, you will be given a temporary I-551 

 

* you will voluntarily sign I-407 if the officer agrees to admit you as a B-1 visitor 

 

Based on your reply, your new objective seems to be to merely visit the USA, so you have what you need  to achieve it.  
 

Now granted, a CBPO is an armed and has absolute authority to do all kinds of illegal and even despicable things. That’s true even if you are natural born jus soli USA citizen.   I’m only telling you what published CBP policy and law say.  

[Mike E 11,739]

49 minutes ago, aaron2020 said:

You're not going to qualify for any visa.  Sorry.  

Surprisingly some consulates happily grant B visas to LPRs.  

 

 

https://www.quora.com/Has-anyone-out-there-ever-re-entered-the-U-S-with-a-green-card-after-being-out-of-the-country-for-longer-than-six-months/answer/Marwan-Elhoss?ch=15&oid=80898745&share=b54cbdcb&srid=3HV7J&target_type=answer
 

 

“Thinking that my Permanent Residency had lapsed due to the long absence from the country, I enquired from the consulate about my situation and informed the officer of my intent to travel and asked the question: do I need a visa? Yes, you do, was the answer. I went through the process and had a B1/B2 visa stamped on my passport.”

 

The State department operates by different rules than DHS.  It denies SB-1s, it enforces 90 day rules, etc and meanwhile CBP and USCIS operate vastly differently.  People think that State is the final arbitrator and it isn’t.  

 

 

 

 

Edited April 13, 2022 by Mike E

[soan 3]

On 4/12/2022 at 6:00 PM, William2022 said:

Hello,

 

does anyone hear has an experience with this situation? I am green card holder, based on marriage (20 years) ago (divorced now). I gut stuck in Europe due to multiple complications, applied for SB-1 and it was refused, clearly health reasons will not do. I could use ESTA under normal circumstances, but due to the SB1 denial, I need to fill I- 407 (voluntarily give up my card) in order to use ESTA again. I need to travel to the US soon and do not want to sign I-407, what are my options? Thanks W

 

I was in similar position as you, SB-1 visa was denied too. Their decision was based on that I could travel to the US once a year so denied my visa - If I travelled once a year I wouldn't need to apply for SB-1 visa..... Anyway I took a chance and got on the plane few days later and went through custom without an issue. Obviously it was a nerve wrecking journey thinking of all the plans with a big folder detailing why I couldn't return sooner, when I got to the port of entry. They looked at my documents and finger printed me and let me through - didn't ask any questions or looked at my folder - I had to double check if I was actually free in the US when I went outside to inspect the surroundings and saw taxis, I was free!  This will depends on the Custom officer I guess. Wish you all the best on what you do next. 

 

[Ontarkie 14,216]

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