Sb 1 us return visa

[Usman2 0]

Hi anyone know what to do when sb 1 visa is rejected. My mother came to US 2019 November last...then she couldn't come due to her health and other issues...she has green card expiring in 2024....her 3 kids are in US...two of em are US citizens....plz let us know what to do now...one citizen daughter is pregnant also...and need her mom.my father is also green card holder.

[Mike E 11,739]

She should  just get on a plane and come home. 
 

She should refuse to sign I-407

 

Copy paste:

 

See:

 

https://www.aila.org/File/Related/18110604b.pdf for break down of the legalities 

 

https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case for CBP’s published policy for returns are long absences 

 

https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf for CBP’s warning to airlines that they should board LPRs with valid green cards 

 

 https://www.visajourney.com/forums/topic/778159-green-card-almost-expired/?do=findComment&comment=10628083 is the conclusion of a story where an LPR was absent for 9 years and returned just before the gc expired.  Later successfully renewed the gc and apparently received it 2 weeks later.  

Edited January 4, 2023 by Mike E

[Crazy Cat 41,809]

5 minutes ago, Usman2 said:

Hi anyone know what to do when sb 1 visa is rejected. My mother came to US 2019 November last...then she couldn't come due to her health and other issues...she has green card expiring in 2024....her 3 kids are in US...two of em are US citizens....plz let us know what to do now...one citizen daughter is pregnant also...and need her mom.my father is also green card holder.

Get a flight and return.

[iwannaplay54 985]

2 hours ago, Usman2 said:

Hi anyone know what to do when sb 1 visa is rejected. My mother came to US 2019 November last...then she couldn't come due to her health and other issues...she has green card expiring in 2024....her 3 kids are in US...two of em are US citizens....plz let us know what to do now...one citizen daughter is pregnant also...and need her mom.my father is also green card holder.

Did they return her green card?  This will answer the elusive question of “do you get it back after rejection”.

Edited January 4, 2023 by iwannaplay54

[iwannaplay54 985]

7 hours ago, Crazy Cat said:

Get a flight and return.

You turn in your green card with your application.  If you get the visa the green card is returned at POA.  It’s in “the envelope that shall not be opened”.  Im not sure if she got it back and I’m wanting to know what happens to it if a determination is made at an embassy that you did in fact abandon status.

Edited January 5, 2023 by iwannaplay54

[Family 3,988]

13 minutes ago, iwannaplay54 said:

You turn in your green card with your application.  If you get the visa the green card is returned at POA.  It’s in “the envelope that shall not be opened”.  Im not sure if she got it back and I’m wanting to know what happens to it if a determination is made at an embassy that you did in fact abandon status.

I’ve read a few rejection posts but none mentioned their plastic was confiscated at time of denial. Consulate will not make an abandonment determination but will likely flag CBP for a bit of grilling at entry. 
Am on VJ an relatively short time but no one has posted updates of traveling back after a denial.

[Mike E 11,739]

It’s a good point.
 

Some consulates confiscate. Some don’t.  I think it is illegal to confiscate. Good luck litigating it. 

 

One more reason to not try for an SB-1

[iwannaplay54 985]

2 hours ago, Mike E said:

It’s a good point.
 

Some consulates confiscate. Some don’t.  I think it is illegal to confiscate. Good luck litigating it. 

 

One more reason to not try for an SB-1

It isnt difficult but the cost of “maintaining ties” can be ruinous. Most don’t do it.

[nastra30 2,284]

5 hours ago, Family said:

Am on VJ an relatively short time but no one has posted updates of traveling back after a denial.

Here's a recent post for you. Denied SB-1, then encouraged to just a board a plane. Now she's due to apply for naturalization.

 

[nastra30 2,284]

14 hours ago, Usman2 said:

she has green card expiring in 2024....plz let us know what to do.

Looks like she still has her physical GC so just book a flight and return to the US. Refuse to sign I-407 if nudged to do so. 

Edited January 5, 2023 by nastra30

[African Zealot 1,455]

I don’t for the life of me understand why people continue to apply for SB1 when they have a physical unexpired green card. Even if you’ve been away for years just come, they can’t reject you at the port of entry.

 

SB1 is fraught with risk