Visa sb1 to return to usa

[mytruelove18 608]

This questions is for a friend who is taking care of her grand son in Dom. Rep because the mother of the boy enter to usa with a sb1 after be out of usa for 3 years.

 

Here is the history: the mother of the boy was in Dom Rep for around 3 years, during that time she had a baby, then applied for a sb1 at the consulate, she left the baby behind with the promise of petition him. The thing is that it is now 4 years and she has not petition the boy and has no came back to see the baby. Her excuse for no go back is that she can not leave to usa, she said she had been ban and can not leave usa.

 The grand mother wants that  she go back and take care of the boy.

Is that true that if you arrive with a sb1 you can not leave usa for so many years?

[Mike E 11,739]

8 minutes ago, mytruelove18 said:

Is that true that if you arrive with a sb1 you can not leave usa for so many years?

It is false. She should have returned to the U.S. with her boy after he was born. Too late to correct the error.

 

She should:

 

* file I-131 to get a re-entry permit

 

* file I-130 for her boy

 

* return to the DR to take care of her boy

 

* return to the U.S. when her boy has an immigration visa

Edited March 12, 2023 by Mike E

[Family 3,988]

33 minutes ago, mytruelove18 said:

This questions is for a friend who is taking care of her grand son in Dom. Rep because the mother of the boy enter to usa with a sb1 after be out of usa for 3 years.

 

Here is the history: the mother of the boy was in Dom Rep for around 3 years, during that time she had a baby, then applied for a sb1 at the consulate, she left the baby behind with the promise of petition him. The thing is that it is now 4 years and she has not petition the boy and has no came back to see the baby. Her excuse for no go back is that she can not leave to usa, she said she had been ban and can not leave usa.

 The grand mother wants that  she go back and take care of the boy.

Is that true that if you arrive with a sb1 you can not leave usa for so many years?

She lied when she left the baby 4 years ago and she continues  to lie. …

She would have been allowed to bring the child then , could have petitioned for the child as soon as she returned to the US and could have obtained and I-131 as @Mike E indicated , to go back and care for the child until his I-130 petition completed.

 

Am sure grandma is frustrated, but sounds like the child’s father is a local fellow…is he in the picture to help? 

 

[JeanneAdil 6,489]

To get SB she would have had to be LPR so she can easily apply for her child 

she would need to show father is not in the picture and/or gives permission for the child to travel to US

SB1 requires:

• Had the status of a lawful permanent resident at the time of departure from the United States;
• Departed from the United States with the intention of returning and have not abandoned this intention; and
• Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

Did she report the child on her petition as all children have to be listed?
if she didn't,  report her for lying to immigration and ask she be deported 

she needs to support her child / thankfully the baby has a responsible grandparent and i applaud u

Edited March 12, 2023 by JeanneAdil

[mytruelove18 608]

48 minutes ago, Family said:

She lied when she left the baby 4 years ago and she continues  to lie. …

She would have been allowed to bring the child then , could have petitioned for the child as soon as she returned to the US and could have obtained and I-131 as @Mike E indicated , to go back and care for the child until his I-130 petition completed.

 

Am sure grandma is frustrated, but sounds like the child’s father is a local fellow…is he in the picture to help? 

 

Yes the father help, it is the mother's dad who is taking care of the boy

[Boiler 45,449]

Fairly obvious that her plans do not include her child.

 

Not an Immigration issue.

[Timona 4,207]

Does the child have have any medical challenges? 

 

 

[Family 3,988]

6 hours ago, mytruelove18 said:

7 hours ago, Family said:

She lied when she left the baby 4 years ago and she continues  to lie. …

She would have been allowed to bring the child then , could have petitioned for the child as soon as she returned to the US and could have obtained and I-131 as @Mike E indicated , to go back and care for the child until his I-130 petition completed.

 

Am sure grandma is frustrated, but sounds like the child’s father is a local fellow…is he in the picture to help? 

 

Yes the father help, it is the mother's dad who is taking care of the boy

Sorry am not clear..but I think you are saying she left the child with the child’s biological father and in the care of the paternal grandparents?

It definitely sounds like she made a  very deliberate choice to leave . 
There is little the family can do to force her to return or force her to file an I-130 for the child…other than put emotional pressure .It’s not unusual for women to leave their young and go work overseas…l but more often it’s with the maternal grandparents.

 

Does she at least send money for the child?

[mytruelove18 608]

6 hours ago, Timona said:

Does the child have have any medical challenges? 

 

 

He has autism.

 

[Timona 4,207]

2 hours ago, mytruelove18 said:

He has autism.

 

 

There lies your answer. Probably doesn't want anything to do with the kid and wants to YOLO her young life, unbothered. 

 

Won't be surprised if she has a new flame too.