Returning Resident visa (SB-1) Denied, Please Advise

[Light_Warrior 21]

Dear VisaJourney forum users, 

 

I have been reading chats for days, and firstly, I would like to say I am impressed by the quality of the pieces of advice and shared experiences I have found on here. This is the BEST US Immigration forum I have found til this day :) 

 

I would like to receive your advice & guidance on the following topic please: 

 

My Case;

I have been a US permanent resident since 2012. 

I first entered the U.S with a student visa (F1 if I remember well). After 4 years being a student I got sponsored by my ex wife in 2011, and got my Green Card this way.

In April 2019 I went back to my native country (France) due to major personal & family issues. I did not file for a re-entry permit because my trip was temporary. 

I decided to extend my stay in France because my grandpa was dying from a brain tumor and was diagnosed with less than 12 months left to live, and I wanted to be there for the funerals and to be with my family.

 

At the time my grand father passed away, I had been out of the country for about 10 - 11 months. 

This is when E. Macron, our President, declared the state of emergency and restricted the ins & outs of the country. 

Knowing I'd be in trouble to go back to the U.S later on, I filed a Returning Resident visa (SB-1). 

It took a very long time before I actually got an appointment with the U.S embassy based in Paris. 

My case got declared eligible, and after gathering all the requested pieces of evidence and taking the medical exams, I finally got an appointment for the second round of interview. 

Within less than 5 minutes the immigration officer denied my visa and gave me back my Green Card. 

I asked if I could make an appeal and/or go back to the U.S, and he told me it was not possible because of the denial. 

He said I failed proving of my intent of coming back before departing the U.S, so I assumed he meant I was accused of abandoning my permanent residency, which I of course contested. 

 

My petition for a Returning Resident visa (SB-1) was denied at the end of Feb. 2021.

After the denial, I immediately started searching online to see if there would be a way for me to get back and challenge the verdict. I of course realized it is totally up to the CBP officer I'd have in front of me. 

Honestly I got scared because there is no guarantee I'd be let in, no matter what I do at a U.S port. of entry. 

In addition to the fear of rejection, the vaccine against the Covid-19 was mandatory to travel to Los Angeles and was mandatory to come back to France in case I'd be rejected at the POE. 

I finally got vaccined on Oct. 2021. 

 

QUESTIONS:

 

1) If I go back to L.A now, do you think I have a chance to enter the U.S even with a denied SB-1 visa on my records? 

2) Do you think a CBP officer would let me in if I request a hearing before an immigration judge? 

3) Do you think a CBP officer would let me in if I voluntarily sign a form I-407 in order to voluntarily abandon my permanent residency?

4) If I end up signing a form I-407, does it have any negative consequences later on if I ever petition for permanent residency again, and/or for naturalization purposes? 

5) What would be the best strategy to do in my case? 

 

I thank you in advance for sharing your experience & knowledge with me. 

I already contacted 3 immigrations lawyers as soon as my SB-1 got denied, and none of them have been helpful. 

 

I can't wait to hear from you,

 

kind regards,

 

Anthony ~ 

[Lil bear 4,181]

Is your Green Card not yet expired? Is it a 10 yr GC ? 
 

If it is unexpired, then you should be able to  board the flight into the US.
Expect significant questioning to follow if the CBP officer asks how long you have been out of the US.. some returning GC holders havent been asked at all but dont count in it !   Expect to be sent to secondary. Don't hand in  your GC. Expect pressure to relinquish your GC and sign the I 407 Don't give in to it .. politely refuse and request that you be referred to the Immigration court to have your case heard. Politely but firmly hold that line. Don't get dragged into discussion or debate and dont give more info than asked. Answer honestly but minimally. Take your chance to argue in front of the judge. 

[Family 3,988]

You will get secondary inspection so expect the tactical pressure to relinquish your LPR status. 

Follow Excellent advice from @Lil bear

[Boiler 45,448]

I would make sure I had evidence to hand showing how I have maintained my US residency 

[Timona 4,207]

You can go to the closest preclearance in Europe and see if they'll let you on the plane. If they do, you're are good. 

[SalishSea 17,802]

37 minutes ago, Boiler said:

I would make sure I had evidence to hand showing how I have maintained my US residency 

OP, have you maintained your residency in the US?

[powerpuff 6,685]

~~ Topic moved from COVID 19 forum to General Immigration discussion ~~

[Light_Warrior 21]

12 minutes ago, powerpuff said:

~~ Topic moved from COVID 19 forum to General Immigration discussion ~~

 

13 minutes ago, powerpuff said:

~~ Topic moved from COVID 19 forum to General Immigration discussion ~~

 

1 hour ago, Lil bear said:

Is your Green Card not yet expired? Is it a 10 yr GC ? 
 

If it is unexpired, then you should be able to  board the flight into the US.
Expect significant questioning to follow if the CBP officer asks how long you have been out of the US.. some returning GC holders havent been asked at all but dont count in it !   Expect to be sent to secondary. Don't hand in  your GC. Expect pressure to relinquish your GC and sign the I 407 Don't give in to it .. politely refuse and request that you be referred to the Immigration court to have your case heard. Politely but firmly hold that line. Don't get dragged into discussion or debate and dont give more info than asked. Answer honestly but minimally. Take your chance to argue in front of the judge. 

Thank you very much for your reply

Yes it is a 10 year GC and unexpired. But because my SB-1 got denied it is no longer valid. Hence my questioning. 

I was able to book a flight with it to L.A back in October 2021, and changed my mind at the last minute. I am expecting significant questioning, and I'm pretty sure I will go to secondary and get pressured. That is why I changed my mind 😅

Thank you for sharing your opinion with me.

[Pinkrlion 2,715]

I thought that you can only file SB-1 before you leave the country, so that is why it was denied.  You filed it after you left.

[Light_Warrior 21]

37 minutes ago, Jorgedig said:

OP, have you maintained your residency in the US?

Hello and thank you for your interest in my case. 

Yes, I have maintained my residency in the U.S, by filing all my tax returns but, I made a mistake in the process.

In order to be transparent I filed "non resident" on the California tax return twice. The first time because I only spent 9 months in L.A back in 2018, and the second time because I got stuck in France because of the pandemic. At the time I did not know I had to file as a resident no matter what.

I kept the same home address, and recently renewed my California driver's license. I still have one opened bank account as well. 

[Lil bear 4,181]

9 minutes ago, Pinkrlion said:

I thought that you can only file SB-1 before you leave the country, so that is why it was denied.  You filed it after you left.

SB 1 is filed from out of the US, reentry permit must be filed while in the US 

[Light_Warrior 21]

9 minutes ago, Pinkrlion said:

I thought that you can only file SB-1 before you leave the country, so that is why it was denied.  You filed it after you left.

No. You can only file for a re-entry permit from the U.S BEFORE your departure. A Returning Resident visa (SB-1) can only be filed outside the U.S, usually at either a consulate or at an embassy. In France you can only do this at the U.S embassy in Paris. 

[Light_Warrior 21]

1 hour ago, Timona said:

You can go to the closest preclearance in Europe and see if they'll let you on the plane. If they do, you're are good. 

Hi and thank you for your interest. 

That's an option I had not thought of. I will explore this route further. Thank you very much for your suggestion! 

[Light_Warrior 21]

2 hours ago, Lil bear said:

Is your Green Card not yet expired? Is it a 10 yr GC ? 
 

If it is unexpired, then you should be able to  board the flight into the US.
Expect significant questioning to follow if the CBP officer asks how long you have been out of the US.. some returning GC holders havent been asked at all but dont count in it !   Expect to be sent to secondary. Don't hand in  your GC. Expect pressure to relinquish your GC and sign the I 407 Don't give in to it .. politely refuse and request that you be referred to the Immigration court to have your case heard. Politely but firmly hold that line. Don't get dragged into discussion or debate and dont give more info than asked. Answer honestly but minimally. Take your chance to argue in front of the judge. 

Do you think there's a chance they will let me in by doing this? They could also give me a notice to appear and refuse to let me in I guess. They could also detain me (although it's unlikely in my case, but technically they can). They can also give me a real hard time... Do you really think it's worth trying it, even with a denied SB-1 visa, 18 months ago, on my records? 

[Verrou 1,962]

6 minutes ago, Light_Warrior said:

Do you think there's a chance they will let me in by doing this? They could also give me a notice to appear and refuse to let me in I guess. They could also detain me (although it's unlikely in my case, but technically they can). They can also give me a real hard time... Do you really think it's worth trying it, even with a denied SB-1 visa, 18 months ago, on my records? 

u will never know until u try. is it worth it ? depend on how much you want to go back to US.

i will say give it a try, nothing to lose at this point