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Andrey-san's Question re SB1 Returning Residents Visa

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Old Aug 15th 2011, 2:01 am
  #16  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by Andrey_san
Because in both cases I will have to proof that my protracted stay outside of the US were for reasons beyond my control. With SB-1 visa I will be sure that they believed me. In US it may happen that I would spend more money and time on all this procedures with no guarantee.

There is another way, btw - get new passport and when officer on the border asks me "how long have you been outside the US" I answer "two month, come just to change my expired passport". But this is not legal way.
General comment: the computer records of arrivals and departures is nowhere near perfect, but they are a lot better than they used be -- there is a very good chance that the departures are in there as having been lifted from airline manifests.

As an aside, I defended an abandonment case quite some years back where the IJ denied on basis of no ties to the US. We appealed on the basis that the ties to the home country were equally lacking and there was a medical reason not to fly. Appeal sustained. Later, AmCit son tells me how they avoided problem the next lengthy sojourn outside the US -- they told the truth, just not all of it. He had traveled with his mother [who could not speak English]. "How long has your mother been outside the United States?" He paused to think and then said "She left on November Third."

Note that this was back in the 90's. I would not have recommended it back then. Furthermore, I think the chances of this working these days is even less -- ten years ago, border security was nowhere what it was even a month later.

Last edited by S Folinsky; Aug 15th 2011 at 2:07 am.
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Old Aug 15th 2011, 2:02 am
  #17  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by Andrey_san
Because in both cases I will have to proof that my protracted stay outside of the US were for reasons beyond my control. With SB-1 visa I will be sure that they believed me. In US it may happen that I would spend more money and time on all this procedures with no guarantee.
If you use the "in the US" choice, you enjoy a judge to decide the merits, a lawyer to argue your case, and an appeal if it doesn't go in your favor. You don't get that on the "apply back home" route.
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Old Aug 15th 2011, 2:10 am
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by fatbrit
If you use the "in the US" choice, you enjoy a judge to decide the merits, a lawyer to argue your case, and an appeal if it doesn't go in your favor. You don't get that on the "apply back home" route.
Do you know how long can it take to get to the first "meeting with judge"?
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Old Aug 15th 2011, 2:11 am
  #19  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Andrey-san: Have you printed out this thread and pass it by your lawyer? Just curious.
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Old Aug 15th 2011, 2:15 am
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by Andrey_san
Do you know how long can it take to get to the first "meeting with judge"?
Fatbrit does not know. Even so, it is the "last meeting" that is more important [provided there is no appeal]. The first hearing is always a "master" calendar. There will be a later hearing on the merits. This is also assuming that some type of deal is not worked out later with the Dark Forces where they agree to admit without further proceedings. [It is not unknown to happen].
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Old Aug 15th 2011, 2:20 am
  #21  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by Andrey_san
Do you know how long can it take to get to the first "meeting with judge"?
Ask your lawyer.

And why does it matter? In all likelihood you'll be paroled in to await your court date.
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Old Aug 15th 2011, 2:46 am
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

I don't have "my lawyer" in your understanding (the man whom I pay money for consulting services). It's just a friend-of-my-friend and I only have one call with him, explained him my situation and what he answered you know. I can't disturb him with questions like "how long does it takes...", so if you have this information I would appreciate if you share it with me.

With parole will I be eligible to work?
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Old Aug 15th 2011, 2:57 am
  #23  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by Andrey_san
I don't have "my lawyer" in your understanding (the man whom I pay money for consulting services). It's just a friend-of-my-friend and I only have one call with him, explained him my situation and what he answered you know. I can't disturb him with questions like "how long does it takes...", so if you have this information I would appreciate if you share it with me.

With parole will I be eligible to work?
You need a US immigration attorney if you're going to do this. This is not a DIY job.

You will be eligible to work. However, you may or may not be able to document this. If you need an employer, look at the I-9 and see if you've got enough paperwork to scrape by. If you're self-employed like sensible people, it won't be a problem at all.
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Old Aug 15th 2011, 3:44 am
  #24  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Stupid question, but anyway:
Do you know how much the attorney's services will cost? Rough sum would be enough.
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Old Aug 15th 2011, 4:01 am
  #25  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by Andrey_san
Stupid question, but anyway:
Do you know how much the attorney's services will cost? Rough sum would be enough.
How long's a piece of string?
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Old Aug 15th 2011, 4:01 am
  #26  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by Andrey_san
Stupid question, but anyway:
Do you know how much the attorney's services will cost? Rough sum would be enough.
Go to www.ailalawyer.com and make some inquiries. Each lawyer sets his own fee, so it will vary greatly.

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Old Aug 15th 2011, 10:16 am
  #27  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by Andrey_san
Stupid question, but anyway:
Do you know how much the attorney's services will cost? Rough sum would be enough.
You are now on #5 & #6 of this thread. We have no idea of your risk tolerance. Do you want someone to talk to, or do you want someone who'll be there for you the whole way? These aren't answers we can give you. Do some research. Call around and find out the cost.

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Old Aug 15th 2011, 6:57 pm
  #28  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

I understand.
Thank you guys! You've really done so much for me.

I will try to get SB-1 visa and will have my fingers crossed
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Old Aug 16th 2011, 5:07 pm
  #29  
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Default Re: Andrey-san's Question re SB1 Returning Residents Visa

Originally Posted by Andrey_san
I don't have "my lawyer" in your understanding (the man whom I pay money for consulting services). It's just a friend-of-my-friend and I only have one call with him, explained him my situation and what he answered you know. I can't disturb him with questions like "how long does it takes...", so if you have this information I would appreciate if you share it with me.

With parole will I be eligible to work?
Thank you for confirming why I tend to go to some lengths saying I am not your lawyer, this is general comment, etc etc.

A general comment: the term lawfully admitted for permanent residence means having been accorded the right to reside permanently in the United States, such status not having changed.
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