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

[Mike E 11,739]

3 hours ago, Light_Warrior said:

 

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?

 

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

 

3 hours ago, Light_Warrior said:

 

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

Don’t proactively request a  hearing.  Refuse to sign I-407 and if CBP gives to a notice to appear, so be it.  

3 hours ago, Light_Warrior said:

 

 

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?

Yes that is likely.  You would be admitted under a B-2 status.  Why would you do that? Do you want to visit the USA or live in the USA? What’s your objective? 

3 hours ago, Light_Warrior said:

 

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?

No.  

3 hours ago, Light_Warrior said:

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

 

 

Just fly home.  Refuse to sign I-407.  If you are given a notice to appear, hire an immigration lawyer to discuss your options.   

1 hour ago, Light_Warrior said:

 

 

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 But because my SB-1 got denied it is no longer valid.

False. Only an immigration judge can revoke your LPR status. Some lawyers think going for SB-1 and the having it refused will make it harder for you prevail in a possible hearing to revoke your LPR status.  I don’t have any evidence that is true.  
 

1 hour ago, Light_Warrior said:

 

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.

Waiting 10 months kist

made it worse.  

1 hour ago, Light_Warrior said:

Do you think there's a chance they will let me in by doing this?

100 percent.  

1 hour ago, Light_Warrior said:

 

They could also give me a notice to appear

yes. 

1 hour ago, Light_Warrior said:

 

and refuse to let me in I guess

False. 

1 hour ago, Light_Warrior said:

 

They could also detain me (although it's unlikely in my case, but technically they can).

Every traveler is detained 

1 hour ago, Light_Warrior said:

 

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? 

Yes it is worth it. You have a strong case.  
 

Legally the only discretion CBP has here is to

 

1. admit you as a returning resident.  That’s the best outcome.  You are free to continue your life as an LPR.  Note that DHS can later issue an NTA.  
 

2. admit you as an arriving  alien.   In this case, expect CBP to seize your green card and give you a temporary I-551. You remain an LPR until your hearing.  You can work and travel on this temporary I-551.  
 

3. Suggest you sign I-407.

 

I disagree with the advice to try a preclearance station.    

[Pinkrlion 2,715]

2 hours ago, Lil bear said:

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

Thanks

[Kai G. Llewellyn 832]

The denied SB-1 may hurt your case for sure. But I'm doubtful over it, it'd be down to the evidence presented to the IJ.

 

But if you have a 10 year green card, you can be boarded for a flight to the US and you'll see CBP. They may pressure you to sign I-407 but refuse. They may issue you a NTA and the government will have the burden of proof to demonstrate that you abandoned your LPR status. The burden of proof for DHS is extremely high as it requires “clear, unequivocal, and convincing" evidence that you abandoned your status.

 

I'd get on a flight to the US, refuse to sign I-407, then prepare a defense to the immigration judge that you always intended to return during your absence. A strong case should be successful but I would say this is def not DIY. Get into the US, then see a competent attorney.

 

Good luck.

Edited August 11, 2022 by Kai G. Llewellyn

[Family 3,988]

7 hours ago, Light_Warrior said:

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.

The mere denial of the SB-1 did not render the plastic green card “ no longer valid” nor did it strip you of the LPR status. ..and neither can CBP. 

The fact that you applied for the SB-1 is in itself great evidence that you never intended to abandon your residency , as is the cancelled return trip from Oct 2021. 

Do keep posting, you have overwhelming support here! 
Post even as you make your flight and entry when phone is available to you …VJ never sleeps! 
 

[SalishSea 17,802]

7 hours ago, Mike E said:

Yes that is likely.  You would be admitted under a B-2 status.  Why would you do that? Do you want to visit the USA or live in the USA? What’s your objective? 

CBP can issue B-2 at POE?  So I guess the stipulation of not having immigrant intent for B-2s issued in consulates doesn't apply?

[Boiler 45,447]

7 minutes ago, Jorgedig said:

CBP can issue B-2 at POE?  So I guess the stipulation of not having immigrant intent for B-2s issued in consulates doesn't apply?

They Parole people in it seems in such a case, well usually.

 

Always difficult to make a sensible answer in cases like this as there are so many unknowns. I do know that if you end up in Immigration Court you need a Lawyer who has tried such cases and they are few and far.

[African Zealot 1,455]

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!

Edited August 12, 2022 by African Zealot

[Crazy Cat 41,813]

18 hours ago, Light_Warrior said:

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.

This is significant, imho.  This looks like proof that you never intended to return to the US.  Please let us know how this turns out. 

[Mike E 11,739]

4 hours ago, 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!

I agree that SB-1 is useless.  
 

I am optimistic because OP seems genuinely naive about the processes and I believe this genuineness will come through.  
 

I think it is probable OP will be processed without a secondary and without a hassle. 

[Family 3,988]

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

[Light_Warrior 21]

On 8/11/2022 at 8:27 PM, Misscloud said:

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

Bonjour Misscloud, 

 

You're totally right. I am still evaluating if it's worth it to do it this way. It's been such a challenge to make up my mind. It was one of my dreams to live & work in the U.S. 

Thank you for sharing your opinion with me

[Light_Warrior 21]

On 8/11/2022 at 9:51 PM, Mike E said:

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

 

Don’t proactively request a  hearing.  Refuse to sign I-407 and if CBP gives to a notice to appear, so be it.  

Yes that is likely.  You would be admitted under a B-2 status.  Why would you do that? Do you want to visit the USA or live in the USA? What’s your objective? 

No.  

Just fly home.  Refuse to sign I-407.  If you are given a notice to appear, hire an immigration lawyer to discuss your options.   

False. Only an immigration judge can revoke your LPR status. Some lawyers think going for SB-1 and the having it refused will make it harder for you prevail in a possible hearing to revoke your LPR status.  I don’t have any evidence that is true.  
 

Waiting 10 months kist

made it worse.  

100 percent.  

yes. 

False. 

Every traveler is detained 

Yes it is worth it. You have a strong case.  
 

Legally the only discretion CBP has here is to

 

1. admit you as a returning resident.  That’s the best outcome.  You are free to continue your life as an LPR.  Note that DHS can later issue an NTA.  
 

2. admit you as an arriving  alien.   In this case, expect CBP to seize your green card and give you a temporary I-551. You remain an LPR until your hearing.  You can work and travel on this temporary I-551.  
 

3. Suggest you sign I-407.

 

I disagree with the advice to try a preclearance station.    

Dear Mike E. 

 

Your answers & guidance are by far the best I have ever received since this painful process has begun! 

THANK YOU so very much for being kind enough to take the time to respond to each and every question I asked in my original post 🙏 

You are a true optimistic person, I can tell, but it also looks like you really know what you are talking about. 

 

During this process I have indeed learnt a lot. Here is my piece of advice for those of you who will be going through something similar: 

DO NOT FILE FOR A RETURNING RESIDENT VISA (SB-1). Instead, show up at a POE. As someone mentioned it in an other thread, the SB-1 visa is for EXTREME CASES like the LPR was in a coma or in prison outside the U.S, and couldn't make it back on time due to extraordinary circumstances beyond their control. I'm very serious. 

When I was at the Paris embassy, I appeared in front of the immigration officer last. Everyone before me got their Returning Resident visa denied.

 

I will definitely keep you guys posted on what I will be doing. 

 

I have so much gratitude for having my post this popular, and I am very happy to have received quality advice from so many people. 

 

If a reader of this thread has recently gone through a similar experience, please bring in your light on this matter, this will be very helpful for many. 

"Knowledge is power" like we say, and I believe the people has the true power, or should have it. 

"All for One and One for All". I so feel like a Musketeer, thanks to you guys 🤗 ✌️

This forum has been so much more helpful to me than anything else so far (and I have been researching on the subject literally for MONTHS). 

 

I'll be back

[Light_Warrior 21]

On 8/11/2022 at 11:02 PM, Kai G. Llewellyn said:

The denied SB-1 may hurt your case for sure. But I'm doubtful over it, it'd be down to the evidence presented to the IJ.

 

But if you have a 10 year green card, you can be boarded for a flight to the US and you'll see CBP. They may pressure you to sign I-407 but refuse. They may issue you a NTA and the government will have the burden of proof to demonstrate that you abandoned your LPR status. The burden of proof for DHS is extremely high as it requires “clear, unequivocal, and convincing" evidence that you abandoned your status.

 

I'd get on a flight to the US, refuse to sign I-407, then prepare a defense to the immigration judge that you always intended to return during your absence. A strong case should be successful but I would say this is def not DIY. Get into the US, then see a competent attorney.

 

Good luck.

Dear Kai,

 

Thank you for sharing your valuable opinion with me. You're right, by doing this, the burden of proof shifts from my shoulders to the government's. It buys me time and allows me to be and live in the U.S lawfully. 

May Divine Justice helps us all

 

Take care ~ 

[Light_Warrior 21]

On 8/12/2022 at 3:45 AM, Family said:

The mere denial of the SB-1 did not render the plastic green card “ no longer valid” nor did it strip you of the LPR status. ..and neither can CBP. 

The fact that you applied for the SB-1 is in itself great evidence that you never intended to abandon your residency , as is the cancelled return trip from Oct 2021. 

Do keep posting, you have overwhelming support here! 
Post even as you make your flight and entry when phone is available to you …VJ never sleeps! 
 

Dear Family, 

 

I actually filed SB-1 for that reason: to show and prove my intent of coming back home. I've always wanted to show good will and good faith in everything I've been doing. I believe in doing things the right way. 

I was in shocked at the embassy, when in less than 5 mins, the officer told me my visa was denied. I had all the pieces of evidence proving I always intended on coming back, even before my departure from the United States. 

Life is wonderful, but the system is often awful, and is not always in favor of the truth. 

Thank you for bringing more clarity to my case 🙏

 

Best to you ~ 

[Light_Warrior 21]

On 8/12/2022 at 5:41 AM, Boiler said:

They Parole people in it seems in such a case, well usually.

 

Always difficult to make a sensible answer in cases like this as there are so many unknowns. I do know that if you end up in Immigration Court you need a Lawyer who has tried such cases and they are few and far.

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 🙏