SB-1 Visa - valid reasons?
#1
Just Joined
Thread Starter
Joined: Mar 2022
Posts: 15
SB-1 Visa - valid reasons?
The SB-1 visa is granted to people who can prove they stayed out of the US for reasons beyond their control. Is there a list anywhere of valid reasons? Would be good to have a comprehensive list of previously accepted reasons to see if my personal situation would be accepted or not.
#2
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Joined: Feb 2015
Location: New Jersey, USA
Posts: 565
Re: SB-1 Visa - valid reasons?
There's no list of valid reasons that I'm aware of.
SB-1 visas are incredibly difficult to get and judging by your other thread I don't think you have much chance.
SB-1 visas are incredibly difficult to get and judging by your other thread I don't think you have much chance.
#3
Just Joined
Thread Starter
Joined: Mar 2022
Posts: 15
Re: SB-1 Visa - valid reasons?
Re my own situation, I don't think I'd said why I didn't return, just that I was young and made choices I now regret.
#4
Re: SB-1 Visa - valid reasons?
In your situation, I would be consulting an immigration attorney. The costs of an SB1 are not insignificant on their own and just for doing this I would use a lawyer. It is however very important to you to be able to come back to the USA to be with your family and I would think it worthwhile the investment.
2 of my own kids were not 100% on getting their citizenship and thinking they might just stick with LPR. I persuaded them otherwise and my argument was that they might end up with regrets later if they lost their LPR status. Tempted to show them this posters situation.....
2 of my own kids were not 100% on getting their citizenship and thinking they might just stick with LPR. I persuaded them otherwise and my argument was that they might end up with regrets later if they lost their LPR status. Tempted to show them this posters situation.....
#5
Re: SB-1 Visa - valid reasons?
My limited understanding of the SB-1 is that it's for people who were unable to travel because of war, being held hostage, a (political) prisoner (if you had been imprisoned for what is generally accepted to be a crime - assault, fraud, drug crimes, etc. then you would likely be ineligible anyway), being literally unable to travel for medical reasons (such as being in a coma), and similar, and not more general issues such as "my child was in school", my husband didn't want to", "my aunt had a terminal illness", etc.
Last edited by Pulaski; Apr 4th 2022 at 4:06 pm.
#6
Re: SB-1 Visa - valid reasons?
As a retired immigration attorney, I would like to point out that cases such as OP’s touch on one of the more complicated areas of the law. The case law can be all over the place. For what it’s worth, the DHS summaries of the law are often not quite accurate in all particulars.
My learned friend, Susan Hill won a case at the 9th Circuit Court of Appeals, Khodagholian v Ashcroft. I find this case to be well reasoned and well written. But that is from my experienced viewpoint. Otherwise, it might be clear as mud. The case has links to other cases.
So, consultation with an attorney with any experience in abandonment law appears to be in order.
My learned friend, Susan Hill won a case at the 9th Circuit Court of Appeals, Khodagholian v Ashcroft. I find this case to be well reasoned and well written. But that is from my experienced viewpoint. Otherwise, it might be clear as mud. The case has links to other cases.
So, consultation with an attorney with any experience in abandonment law appears to be in order.