outteruniverse

A very good evening to you all!

I am asking on behalf of a friend of mine. He had a Green Card previously and is applying to get a new one via the SB-1 Visa. The questions we have are not about how likley it is he will get it approved etc. However, his now wife and children have not had a Green Card before, so this is the questions we have and these are only question that he needs to know and that are relevant...IF he is approved for the SB-1 will his spouse and children be entitled to Green Card too? or some other type of Green Card?

How is the SB-1 Visa different to a green card? is it the same thing as a Green Card?

If he is refused for the SB1 visa will that affect any future US visas he may apply for?

I thank you all in advance. Kindest of regards to you all.

Noorah101

I'm not a lawyer, but I'm going to say no, because SB-1 is for people who have already had a green card and now wish to return to the USA as a permanent resident. The wife and children have never had a green card or been a US permanent resident, so wouldn't qualify.

There is no other type of green card.

My understanding is that SB-1 is a travel document, for those who no longer have their physical green card.

No.

Probably depends on which visa he's applying for in the future.

Rene

ian-mstm

No, he's not... because that's not what an SB-1 visa is for.


No. No one ever has an entitlement to a green card.


There is no other type. Like Highlander - there is only one!


A green card is proof of status as a US permanent resident. An SB-1 visa is nothing more than a travel document.


No.


Yes, very likely. There are only two possible outcomes from a visa application: approval or denial. If the SB-1 is denied, he must then declare that visa denial on any subsequent US visa application.

Now, that all said - I suggest you walk away from this and let your friend figure out his own visa issues.

Ian

Noorah101

Makes one wonder how long he was outside the USA. Long enough to have gotten married and had a child.

outeruniverse, please have your friend register an account here on BE to ask these questions himself. Second hand information is never a good idea.

Rene
Moderator

Pulaski

An SB-1 is for someone who remains outside the US for "reasons beyond their control". If, while outside the US they were able to get married and father a child, my guess would be that they were, in fact, also free to return to the US, but chose not to do so.

I'm just sayin!

scrubbedexpat099

He can sponsor hos Spouse and children assuming he is a LPR and can meet the I 864 requirements, will take a few years.

outteruniverse

Thank you all for those replies. So the SB1 visa is just a travel document. But I guess it has the same benefits ie it allows a person to live and work in the US the same as a green card.

Boiler, could a person on a SB1 Visa sponsor his wife and children while living outside the US?

Noorah101

No. The person sponsoring must live in the USA. That person would not be "on an SB-1 visa". They would be living in the USA on their green card, as a permanent resident.

Rene

Noorah101

No. It allows a US PR who has been outside the USA for some time, to travel to the USA (If approved).

Rene

outteruniverse

Thanks Rene, so a person who is approved for their SB1 visa will get a replacement Green Card?
The SB1 visa allows a a US PR who has been outside the USA for some time, to travel to the USA (If approved) and that person is then able to live and work in the US the same as they did previously (If approved)?

Pulaski

No, you misunderstood - a visa gets you into the country, it "opens the door", that's all, then the green card allows you to remain in the country.

scrubbedexpat099

No

If their GC is expired they need to apply for a new one.