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Filed: IR-2 Country: Taiwan
I am an incoming Taiwanese student at University of Michigan, and I am writing to seek your assistance for next steps on my green card/SB-1 visa.
Family: In 1998, I got my green card, which was petitioned by my grandfather who was a US citizen but passed away a few years ago. My uncle's family and my two younger sisters are also US citizens, while my parents gave up their green cards in 2013. I never left the US for more than 180 days unless I had a reentry permit, until 2013. My last time entering the US was in 2013, and my green card expired in 2019. The actual reason I did not go back is that the immigration officer at customs told me I'd better not go back unless I could prove I would stay in the US for a long time, such as studying or working in the US.
Reason to leave and go back to the US: In 2013, I departed from the US to my home country, Taiwan, to treat my disabled right ear. At that time, I was 19 and could not live alone in the US with difficulties caused by my hearing impairment. We believed that we would get the best medical resources because my father worked at a hospital in Taiwan. After several years of treatments, including equipping with a hearing aid and taking lessons to correct pronunciation, I improved a lot and will study at the MBA program at University of Michigan. I hope to work in the US after graduation as I always love the lifestyle in the US, and I am confident I will contribute to society. Being eligible to work in the US is the main purpose of regaining my green card.
Current situation: Unfortunately, I followed UM's instructions to get a F1 visa without knowing that I could not do so as I am a green card holder. I contacted the embassy (American Institution in Taiwan) and followed their suggestion to apply and interview for a SB-1 visa (returning resident visa). However, the officer questioned why I took several educational/family trips to Asian countries rather than going back to the US, and he said he would not recommend the reissue of the green card unless his supervisor disconcors with him. But he said I may still use the F1 visa to enter the US.  I am still waiting for the result of SB-1.
I would like to know how my case looks to you? What should I do to proceed? For example, appeal to the officer about my sb-1 visa, try to use my expired green card to enter the US, or first enter the US with the F1 visa and try to renew the green card after arrival?

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Filed: K-1 Visa Country: Wales

Seems you need someone to sponsor you for a Green Card and the only route you mention are your siblings who are US Citizens.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Normally your residency would have cancelled after being in out of the US for a year without an I-131. (A Permanent Green Card does expire -as evidence- but Permanent Residence status does not)  


UM's suggestion to get a F1 is technically correct and AIT should allow for an interview but could ask you to surrender your expired permanent green card.  SB-1 route maybe an option but is hard to obtain and complicated since you had those other travels. It does not appear that another family member could petition for you.

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November 30,2021  Interview, Approval and Oath

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