Overstayed in Pakistan
 

Hi,
My wife has a green card and daughter has a passport for USA. They both came in Pakistan in 2019 and stuck in Pakistan due to covid and overstayed in Pakistan. We have applied for SB-1 visa and it was rejected. Need suggestion what should i need to do now to get back the permission to enter USA

Re: Overstayed in Pakistan
 

Are you in the US, if so what's your status there? Are you able to sponsor your wife for a visa?

Re: Overstayed in Pakistan
 

How did you wife obtain her GC.

Re: Overstayed in Pakistan
 

Your wife's green card expired while she was in Pakistan?Was it a 2- year green card or a 10- year green card?
What was the date he green card expired?
Where are you, and what's your status?
Was any reason given for the SB-1 denial?

Rene

Re: Overstayed in Pakistan
 

Perhaps I forgot how to read and comprehend but where does the OP say his wife's green card had or might have expired?

Re: Overstayed in Pakistan
 

Amazed as to how many people use Covid as an excuse re: overstaying in US or not being able to return to US.
US green card holders and certainly US citizens have never been banned from returning to the US during the pandemic.
Countries have cancelled flights during this time, but certainly there have been numerous flights from Pakistan..... stuck in Pakistan since 2019 !!!!

Re: Overstayed in Pakistan
 

I would suggest that legal consultation with experienced immigration counsel might very well be in order. Do note that the denial is “without prejudice” to a new application.

Re: Overstayed in Pakistan
 

You're right, he didn't say that. I was reading into it.

Rene

Re: Overstayed in Pakistan
 

And perhaps you were giving the family a perfectly good reason why the returning visa was denied.

Re: Overstayed in Pakistan
 

SB1 is usually difficult to get, normally best bet is to wing it.

Re: Overstayed in Pakistan
 

No we are in Pakistan

Re: Overstayed in Pakistan
 

Hi Rene,

No green card is not expired and will be expired in 2025 as its for 10 years. We are in Pakistan and there is no reason given for SB-1 denial till now.

Re: Overstayed in Pakistan
 

<sigh>

I am now retired, but I practiced US immigration law for 40 years. From your posts, two items of military slang come to mind: “FUBAR” and “gone pear-shaped” (look them up). And it seems that much of that is of your own doing.

Also, it strikes me from a holistic approach, there are issues which you are not addressing (perhaps from not being aware).

From your posts and my experience, you NEED competent counsel. Also, I would suggest that such attorney know both removal defense and consular visa practice. It would be a good idea that counsel will have actually tried at least one “abandonment” case. It would also be a good idea if the consular visa experience include overcoming consular denials.



Good luck.

Re: Overstayed in Pakistan
 

I agree 100% with Mr Folinsky (which is pretty rare in our respective forum histories) that you need to retain experienced council. This is far far beyond a lay forum.

One wonders why the Green Card holder does not simply present themselves for inspection at a US POE and allow the officer to decide if they want to proceed with a potential referral for abandonment and removal proceedings. The green card holder will not be denied entry to the US and could retain experienced, US based, council.

Re: Overstayed in Pakistan
 

One might wonder what the outcome will be when the airline send the passenger list stateside, before departure. In view of the SB-1 denial, which would flag up, the airline might well be told to remove her pre-departure.