SB1 Returning Resident Visas for my brother

[PetraLynne 1]

Hi everyone!

 

I am just new here and I want to ask to those who have knowledge about SB1 Returning Visa. 

My brother came to the US petitioned by my father who is a US citizen. My brother was very sick when he first came to the US and it took him over a year before he recovered. He worked for approximately three years but unfortunately, he became very sick again that's why he returned to the Philippines in April 2015 because nobody was going to take care of him in the US and needless to mention, he didn't have insurance to support his medical expenses. He is now back to normal and physically fit to come back but I am unsure if he is still eligible to come to the US despite his almost four years of absence in the US. Does anyone here have experience with the same case as my brother? Your advice is highly appreciated. Thank you.

Edited March 12, 2019 by PetraLynne
to specify my father's country of citizenship

[Khallaf 648]

6 minutes ago, PetraLynne said:

Hi everyone!

 

I am just new here and I want to ask to those who have knowledge about SB1 Returning Visa. 

My brother came to the US petitioned by my father who is a citizen. My brother was very sick when he first came to the US and it took him over a year before he recovered. He worked for approximately three years but unfortunately, he became very sick again that's why he returned to the Philippines in April 2015 because nobody was going to take care of him in the US and needless to mention, he didn't have insurance to support his medical expenses. He is now back to normal and physically fit to come back but I am unsure if he is still eligible to come to the US despite his almost four years of absence in the US. Does anyone here have experience with the same case as my brother? Your advice is highly appreciated. Thank you.

did he ever obtain his citizenship?

 

if not he will need to be petitioned again after an absence of that long he has essentially abandoned his green card.

[PetraLynne 1]

Just now, Khallaf said:

did he ever obtain his citizenship?

 

if not he will need to be petitioned again after an absence of that long he has essentially abandoned his green card.

He hasn't applied. Will not his health condition suffice to support? 

[Khallaf 648]

8 minutes ago, PetraLynne said:

He hasn't applied. Will not his health condition suffice to support? 

I would say maybe if the USA didn't already have the ability to seek out treatment, with the petition done by the father, he had signed up to support your brother with anything he would need, I would believe that it would be unlikely that the health conditions would allow him to reinstate his green card.

 

has his original green card expired?

 

did he apply for a reentry permit before he left?

Edited March 12, 2019 by Khallaf

[PetraLynne 1]

1 minute ago, Khallaf said:

I would say maybe if the USA didn't already have the ability to seek out treatment, with the petition done by the father, he had signed up to support your brother with anything he would need, I would believe that it would be unlikely that the health conditions would allow him to reinstate his green card.

 

has his original green card expired?

 

did he apply for a reentry permit?

I am in the process of helping him in filing DS117. His green card hasn't expired yet. We do understand that my dad was the petitioner and was responsible for my brother's health support. However, my brother's illness was far different from an ordinary illness. He's now physically fitted. By the way, his minor daughter left the US first in 2012 and we applied for her SB1 and we got an approval for a schedule of her interview just today. So I thought my brother might be eligible too. 

[Khallaf 648]

Just now, PetraLynne said:

I am in the process of helping him in filing DS117. His green card hasn't expired yet. We do understand that my dad was the petitioner and was responsible for my brother's health support. However, my brother's illness was far different from an ordinary illness. He's now physically fitted. By the way, his minor daughter left the US first in 2012 and we applied for her SB1 and we got an approval for a schedule of her interview just today. So I thought my brother might be eligible too. 

if he did not apply for a reentry permit, and he has been gone for over a year he may be denied entry back into the USA.

 

If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance.Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S.

 

he can try, but if he is denied at POE they will require he leave the USA.

[USS_Voyager 1,971]

The question is about the SB1 returning resident visa. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. 

 

He might qualify as medical condition is pretty much beyond his control. Now, he also responsible for creating the circumstances, so...  Only way to know is to apply. 

Edited March 12, 2019 by USS_Voyager

[SusieQQQ 11,584]

@Nitas_manis the resident (successful applicant) SB1 expert...maybe he can help.

[PetraLynne 1]

6 minutes ago, Khallaf said:

if he did not apply for a reentry permit, and he has been gone for over a year he may be denied entry back into the USA.

 

If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance.Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S.

 

he can try, but if he is denied at POE they will require he leave the USA.

I am pretty sure that he will be denied his entry at the POE. I am planning to apply him SB1 (DS117) 

[SusieQQQ 11,584]

8 minutes ago, Khallaf said:

if he did not apply for a reentry permit, and he has been gone for over a year he may be denied entry back into the USA.

 

 

I believe OP understands that, which is why they are asking about SB1.

[PetraLynne 1]

4 minutes ago, USS_Voyager said:

The question is about the SB1 returning resident visa. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. 

 

He might qualify as medical condition is pretty much beyond his control. Now, he also responsible for creating the circumstances, so...  Only way to know is to apply. 

Your input is greatly appreciated. Thank you so very much! 

[PetraLynne 1]

5 minutes ago, SusieQQQ said:

@Nitas_manis the resident (successful applicant) SB1 expert...maybe he can help.

Thank you so much. I will wait for her advice.

[geowrian 22,335]

Is there anybody eligible to petition him for a new immigrant visa? If not, then SB-1 may not even be a viable option. The noted member above can confirm.

What ties has he maintained to the US? Has he been filing US taxes?

[PetraLynne 1]

7 hours ago, geowrian said:

Is there anybody eligible to petition him for a new immigrant visa? If not, then SB-1 may not even be a viable option. The noted member above can confirm.

What ties has he maintained to the US? Has he been filing US taxes?

My dad who originally petitioned him. He filed his taxes when he was still in the US but since he's jobless in the Philippines, he has not fileed.

[Boiler 43,433]

I do not think the daughter has had her interview yet if I read it correctly, suggest he concentrates on showing that the treatment he obtained was not available in the US.