Help with Returning Resident Visa (SB-1)
Nov 3rd 2016, 5:50 pm
#17
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: Help with Returning Resident Visa (SB-1)
Hello,
I got my greencard in November 2009 and had lived in USA since then to June 2011. I went back to my country, Turkey, in June 2011. After 10 months, April 2012, I visited USA for a week to keep my greencard. But after that I could not go there again. Finally I pulled myself together and flight to LAX last week. CBP officer asked me how long I stayed abroad, I told the truth which is 4.5 years. Then they gave me two option. First; abandoning the greencard right there immediately, Second; refering to immigration judge. But for the second option they told me I had to stay in the US till the hearings occur, otherwise I would be deported. Then I choose the first option. I abandoned my greencard right there. They gave me a waiver to stay inside. They told me I could apply for the returning resident visa once I am ready to go back to the US for good.
My question;
1- Is it possible to get the SB-1 visa for my case?
2- Am I going to try to convince consulate that I did not abandon my residency intentionally in 10-20 mins?
3- Even if I get the SB-1 visa, does SB-1 visa give me the right to work in the US?
4- Does SB-1 visa give me the chance to get citizenship after 5 years?
I got my greencard in November 2009 and had lived in USA since then to June 2011. I went back to my country, Turkey, in June 2011. After 10 months, April 2012, I visited USA for a week to keep my greencard. But after that I could not go there again. Finally I pulled myself together and flight to LAX last week. CBP officer asked me how long I stayed abroad, I told the truth which is 4.5 years. Then they gave me two option. First; abandoning the greencard right there immediately, Second; refering to immigration judge. But for the second option they told me I had to stay in the US till the hearings occur, otherwise I would be deported. Then I choose the first option. I abandoned my greencard right there. They gave me a waiver to stay inside. They told me I could apply for the returning resident visa once I am ready to go back to the US for good.
My question;
1- Is it possible to get the SB-1 visa for my case?
2- Am I going to try to convince consulate that I did not abandon my residency intentionally in 10-20 mins?
3- Even if I get the SB-1 visa, does SB-1 visa give me the right to work in the US?
4- Does SB-1 visa give me the chance to get citizenship after 5 years?
There are many issues to be discussed (and some by implication - e.g. "reading between the lines.")
BTW, on a private FB immigration lawyer group, discussion of ability to travel came up while case is pending before the IJ.
As a general comment -- I am not at my best when departing from an intercontinental flight.
Good luck.
