SB1 visa

[Shadow Moon 2]

@Boiler All for me is just to determine my next move.  

[Boiler 43,851]

2 minutes ago, Shadow Moon said:

@Boiler All for me is just to determine my next move.  

Correct, you have 3 options and your choice.

[Shadow Moon 2]

@Boiler What were those 3 options again? tell me on your own point of view each options percentage that it will work. Don't worry it is just your own point of view

[Boiler 43,851]

Do nothing

 

Go for a SB1

 

Enter with your GC, see what happens

 

I have no idea on percentages, too many unknown variables even if you could calculate it, to be able to calculate it.

 

Personally I would go for the third one, not that you asked.

 

 

[Shadow Moon 2]

@Boiler  So you will not risk for the SB1 may I know why? If you were in my situation. Even the risk is higher that the CBP will either confiscate my GC or detain me or send me back from the country I came from.  I don't mind being in court to explain my situation, however, if they sent me to court and wait without my GC that is totally different scenario. 

[Boiler 43,851]

They can refer you to an Immigration Judge.

 

They can take your GC in the meantime but not confiscate it, they do not have the power, an IJ decides that. Well I guess that depends on exactly what you mean by confiscate.

 

Why, well go for an SB1 and the Consulate have the power. Head back and firstly the PoE have to decide to make a fuss about, if they do you can make your case suitably documented, then the PoE have to decide to escalate it, then their bosses have to want to go through with it, then you get your day in court with hopefully good representation, then if you lose there are appeals. So basically you have a lot of control.

 

My thoughts.

[Nitas_man 3,100]

4 hours ago, Shadow Moon said:

@Nitas_man Sorry for the late reply and to correct you, we can only speculate and based our opinions from our beliefs, but to pass the conclusion that there is ZERO chance? I don't think we should say that. Lawyers can not guarantee any results, now if these people who are familiar with the law and familiar with how to defend a situation can not guarantee anything, what makes you pass the conclusion that it will result in ZERO? based on your experience? based on what you've research? I do respect your opinion but again as what they said: "It ain't over till the fat lady sings". So unless you are the officer or the Immigration judge then it will just remain as a speculation.  I have read stories here in which it was ZERO but then again it went through. Situations that are worst than mine. I suggest researching more so you can see those cases.  My point is we can give our honest opinion but let us avoid if possible making a conclusion cause things happened to you that may not occur to other people. We can not pattern similarities here cause one way or another there would be differences. It is not I cant accept the fact, I do accept it!  it is what it is, but in my opinion, we can not pass a conclusion just because of our own personal exp. Otherwise, what is the sense of having an Immigration court if all circumstances are the same? I am just making my point.  

I’m just summarizing the rules.  Rules say Zero.  But go for it.  LOL  

Edited April 25, 2020 by Nitas_man

[Shadow Moon 2]

@BoilerI forgot to mention something. I'm not really quite sure about this, but what I've read once said the airlines can deny you being on board if they've found out how long have you been gone outside the US. I don't really remember the exact detail about it, but all I can remember is they can deny you once they found out that you've been gone that long. Otherwise, they'll get penalized. Now have you or anyone heard about this kind of process before?  

 

[geowrian 22,336]

7 minutes ago, Shadow Moon said:

@BoilerI forgot to mention something. I'm not really quite sure about this, but what I've read once said the airlines can deny you being on board if they've found out how long have you been gone outside the US. I don't really remember the exact detail about it, but all I can remember is they can deny you once they found out that you've been gone that long. Otherwise, they'll get penalized. Now have you or anyone heard about this kind of process before?  

 

The Carrier Information Guide states that they do not penalize the carrier for doing so, but every boarding decision is up the airlines. Just because they don't prohibit it, doesn't mean they will provide service.

That said, they have no good reason not to provide paid service here..

[Boiler 43,851]

1 minute ago, geowrian said:

The Carrier Information Guide states that they do not penalize the carrier for doing so, but every boarding decision is up the airlines. Just because they don't prohibit it, doesn't mean they will provide service.

That said, they have no good reason not to provide paid service here..

Begs the question how an Airline would know or care, they are not the arbiter of whether a LPR would be referred to a IJ, presumably their main concern is if a passenger was bounced and that is not a possibility here.

[Shadow Moon 2]

@geowrian that is what I would like to confirm because based on what I've read airlines can deny me of boarding the plane. I don't know how true this is, though it seems the website Ive read before is pretty legit

[Boiler 43,851]

Which web site?

[Nitas_man 3,100]

The airlines enter your green card information before you ever board. It’s transmitted over to the US and they know who is on that plane before it takes off.  
 

https://www.aila.org/File/Related/18110604b.pdf
 

Here is a pretty cool summary of what to expect on arrival.

 

A green card is technically not a valid entry document after an absence of greater than one year unless accompanied by a travel document.  Absent a travel document an SB1 is required otherwise you are classified as an arriving alien vs returning resident.  Law is clear on that one year thing.  It isn’t evem a gray area.  
 

I’m not sure an immigration judge has jurisdiction at that point.  @geowrian
 

Our position was “never enter the US at all ever never as arriving alien” so we dumped a green card once and SB1’d for re-entry after an expired travel document  (banks/investments/credit cards/parked cars/insurance policies/cell accounts/drivers licenses/tax returns aside)

 

Isn’t entry as “arriving alien” subject to the decision of CBP and can’t they just deny entry and ship you back if they choose? 
 

 

Edited April 25, 2020 by Nitas_man

[Nitas_man 3,100]

7 hours ago, Nitas_man said:

I’m just summarizing the rules.  Rules say Zero.  But go for it.  LOL  

I’m not being cocky but there are a list of rules about automatic abandonment and absences >1 year + failure to file taxes is number one.  I saw that and SMH

 

You shared that you not only broke the primary rule, you broke ALL of them.  You didn’t even try.  This might be the worst situation I’ve ever seen here to be honest.

Edited April 25, 2020 by Nitas_man

[kendelle 103]

On 4/18/2020 at 4:17 AM, Shadow Moon said:

I am planning to also apply for an SB1 visa but can anybody help me not professionally, but just to hear other people's opinion I was gone out of the US for about 4 yrs now ( Since 2016) and the reason behind it was because I was taking care of my father who is ill and currently staying in the Philippines. supposedly, I was only going to take a 1 month vacation. I didnt know about the illness of my father to that extent not until when I came back and my stepmom vented out on me I know he is living with my stepmom but I didn't really trust her at that time. Considering the fact that I've only met her once. My dad is a 70+ yr old man at the time that he got diagnosed with COPD. His health has been fragile before and even when he got diagnosed.  It took me that long outside the US because it is not easy to convince my dad to see a professional doctor and not just an internal medicine walked-clinic and to find someone who can also help him and my step in case of emergency.  I don't want to stay that long, but I need too. Now, I want to go back in the US because I need too. It's for my 15 yr old son. With the doctor's letter, medical records and abstract, with letters from families and friends who witnessed me taking care of my dad ( Of course all these letters will be notarized by a lawyer ) plus my round-trip ticket (because I was supposed to stay only for 1 month) and my ties to the US which is my son. I don't have any properties there. So can someone advised me what the chances that my SB1 be approved?  Do you consider my situation as " Beyond my Control "

Your father has been diagnosed with COPD for how long prior to your moving to Philippines?