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

[Light_Warrior 21]

On 8/12/2022 at 1:00 PM, African Zealot said:

I am not as optimistic about his chances at retaining the green card as most people seem to think. I found the reasons given for being out of the country this long a bit weak, he filed nonresident taxes which is an almost cardinal error, and after the SB-1 denial has waited another year plus to make a move. Right now he’s been away 3 years plus.

 

Ironically I am convinced if he had just tried to return without filing the SB-1 he would have entered with few problems. I’ve never been a fan of the SB-1 when one has an unexpired 10 year green card. Always prefer taking chances with an immigration judge and fight one’s immigration case from within the USA 🇺🇸.

 

I guess we will find out how it goes.

 

Good luck!

Dear African Zealot, 

 

I gotta say you have a point! 

This is why I am so hesitant in going back... 

I do confirm; I should have not filed for a SB-1 visa. But I did not know any better at the time, and in the middle of the pandemic, believe me, most people had other things to do than to answer my U.S immigration questions. I was left alone. Even the American lawyers I contacted then, and the U.S embassy services based in Paris did not do much, or nothing at all. 

 

You gave good advice by alway taking chances with an immigration judge. My problem was this happened during the long pandemic with all the flying, vaccines, office hours restrictions and local lockdowns. 

 

Thank you for responding to my post.

 

Warm salutations ~ 

 

 

[Light_Warrior 21]

20 hours ago, Family said:

OP can also file immediate amended returns and correct the “ non resident “ error .

OMG, I did not think about it. 

GREAT piece of advice. I will do.

THANK YOU 🙏

[Mike E 11,739]

40 minutes ago, Light_Warrior said:

Hi guys, 

 

If anyone knows of a good lawyer (based in or near Los Angeles, CA), who successfully defended such cases, please do share their contact with me 😜

 

Thank you so very much for your participation in this thread 🙏

Worry about that if you are given an NTA.  Focus on the immediate issues:

 

* booking a flight home. Btw, I do not recommend LAX as your port of entry in this situation.  
 

* rehearsing what you will say if given a secondary inspection. 
 

You should be in the USA by Monday at the latest.  

[Light_Warrior 21]

On 8/13/2022 at 3:13 PM, Mike E said:

Worry about that if you are given an NTA.  Focus on the immediate issues:

 

* booking a flight home. Btw, I do not recommend LAX as your port of entry in this situation.  
 

* rehearsing what you will say if given a secondary inspection. 
 

You should be in the USA by Monday at the latest.  

Hi Mike, 

 

What POE do you recommend in my situation? 

[Mike E 11,739]

18 minutes ago, Light_Warrior said:

Hi Mike, 

 

What POE do you recommend in my situation? 

SFO, JFK, EWR would be best imho. 

[Light_Warrior 21]

7 minutes ago, Mike E said:

SFO, JFK, EWR would be best imho. 

Thank you for the suggestions. 
May I know why not LAX please? Will it not raise any suspicions as to why I am not going to LAX directly whereas L.A is my home address? 

[Mike E 11,739]

13 minutes ago, Light_Warrior said:

Thank you for the suggestions. 
May I know why not LAX please? Will it not raise any suspicions as to why I am not going to LAX directly whereas L.A is my home address? 

Anecdotally it is a tough station compared to SFO.  

[Light_Warrior 21]

3 hours ago, Mike E said:

Anecdotally it is a tough station compared to SFO.  

Got it. Thanks for the tip 

[Light_Warrior 21]

Dear All, 

 

I wanted to let you know I am now back to Los Angeles, CA! 🥳✌️🍀🌟

I landed at San Francisco internat. airport (SFO) on April 5 at night. I went through CBP, appeared in front of an officer, and... no question asked! 

 

1. My Green Card has to be renewed in about 2 years. Do you think there could be an issue renewing it after being out of the country for 4 years? 
2. Now that I am back to the U.S, should I apply for naturalization as quickly as possible, or should I wait another 4.5 years to do so?
3. Do you think I can travel out of the USA borders again, and come back with no issue in the future?

 

THANK YOU so very much to all of you for the outstanding support I have received ever since I posted my first question on here. You are AMAZING! VisaJourney.com is the BEST thing that has happened to me ever since my SB-1 Returning Resident visa got denied. I am HAPPY I followed your precious pieces of advice.

 

With all my GRATITUDE & APPRECIATION 🙏💝

 

Anthony ~ 

[Family 3,988]

Welcome home.

1. You will have no problems w I-90 down the road. File it 6 months before expiration 

2. Hold your horses…no N-400 til 5 years from 4/5/23..,anything sooner and they will be looking at that gap

3. Wait a bit before you travel..unless you enjoy trapeze acts without a net.

[Mike E 11,739]

8 minutes ago, Light_Warrior said:

1. My Green Card has to be renewed in about 2 years. Do you think there could be an issue renewing it after being out of the country for 4 years?

no

8 minutes ago, Light_Warrior said:

 

2. Now that I am back to the U.S, should I apply for naturalization as quickly as possible, or should I wait another 4.5 years to do so?

Wait 5 years.

8 minutes ago, Light_Warrior said:

Do you think I can travel out of the USA borders again, and come back with no issue in the future?

 

I would not until you are naturalized. If you must, wait at least 180 days.

 

Congrats

🏆

 

[Light_Warrior 21]

8 minutes ago, Family said:

Welcome home.

1. You will have no problems w I-90 down the road. File it 6 months before expiration 

2. Hold your horses…no N-400 til 5 years from 4/5/23..,anything sooner and they will be looking at that gap

3. Wait a bit before you travel..unless you enjoy trapeze acts without a net.

@Family THANK YOU so much for your precious help 🙏💝

[Light_Warrior 21]

10 minutes ago, Mike E said:

no

Wait 5 years.

I would not until you are naturalized. If you must, wait at least 180 days.

 

Congrats

🏆

 

@Mike E THANK YOU for your outstanding help & support. You played a major role in the success of my come back 🙏💝😊

[Family 3,988]

5 minutes ago, Mike E said:

Congrats

🏆

Great navigation, Captain @Mike E…you know your POEs better than Jack Sparrow knows his RUMs

[Boiler 45,449]

If you apply for Naturalisation they are going to look at your travel history no matter what.