SB1 vs IR2 for Daughter of US Citizen (Before had green card but didn't return to the USA since 2021) Minor

[Hawaiianparadise 0]

Aloha everyone,

 

I’m hoping to get some detailed guidance on my daughter’s situation.

 

• I am a U.S. citizen (naturalized in 2022).

• My daughter is 17 years old, a U.S. LPR who got her IR-2 immigrant visa and green card in 2017.

• She lived in the U.S. and attended elementary school here.

• Around December 2021, after COVID, I decided to have her continue middle school (through 10th grade) in New Delhi, India. She has been studying there since then.

• She has now been outside the U.S. for about 3–4 years, with no re-entry permit.

 

 

When I became a U.S. citizen, my daughter was not physically in the U.S. with me, so she did not automatically derive citizenship at that time. My goal now is:

 

1. Get her back to the U.S. as a lawful permanent resident

2. Have her derive U.S. citizenship through me before she turns 18, and

3. Then apply for her U.S. passport.

 

 

My current understanding (please correct me if I’m wrong) is that if she is again admitted to the U.S. as an LPR while she is still under 18 and is residing in my legal and physical custody, she would automatically acquire U.S. citizenship under the Child Citizenship Act (INA 320).

 

Because she has already had an IR-2 and green card once, I am trying to avoid starting a completely new IR-2 processfrom scratch if it will take 1.5–2 years, as that risks her turning 18 before everything is completed.

 

I’ve been reading about the SB-1 Returning Resident visa and I’m wondering if that might be a better and faster option in her case, since:

 

• She is a minor child of a U.S. citizen,

• Her long stay abroad was for schooling in India, and

• We always intended for her to return for high school in the U.S. and live with me.

 

 

From what I can see, SB-1 processing at the U.S. Embassy in New Delhi / Consulate in Mumbai might be around 4–6 months, which seems much more manageable given her age.

 

My questions for the group:

 

1. Given that she is a minor LPR who has been abroad ~3–4 years for schooling, is SB-1 (Returning Resident)realistically viable in your experience, or is it usually denied in cases like this?

2. Has anyone here successfully gotten an SB-1 approved for a minor child in a similar school-abroad situation from India (New Delhi/Mumbai)? What evidence did you provide?

3. If SB-1 is unlikely, is my only real option to start over with a new I-130 (IR-2) even though I already did that process for her back in 2016–2018?

4. For those who recently did IR-2 consular processing for a child from India, how long did the full process (I-130 + NVC + interview) actually take?

 

 

Ultimately, I just want the clearest path to:

 

• Get her back to the U.S. as an LPR,

• Have her derive citizenship before 18, and

• Then apply for her U.S. passport.

 

 

Any insights, timelines, or strategy advice—especially specific to India (New Delhi/Mumbai) and SB-1 vs. new IR-2—would be really appreciated.

 

Mahalo and thank you in advance.

[Lil bear 4,681]

1 hour ago, Hawaiianparadise said:

 

Aloha everyone,

 

I’m hoping to get some detailed guidance on my daughter’s situation.

 

• I am a U.S. citizen (naturalized in 2022).

• My daughter is 17 years old, a U.S. LPR who got her IR-2 immigrant visa and green card in 2017.

• She lived in the U.S. and attended elementary school here.

• Around December 2021, after COVID, I decided to have her continue middle school (through 10th grade) in New Delhi, India. She has been studying there since then.

• She has now been outside the U.S. for about 3–4 years, with no re-entry permit.

 

 

When I became a U.S. citizen, my daughter was not physically in the U.S. with me, so she did not automatically derive citizenship at that time. My goal now is:

 

1. Get her back to the U.S. as a lawful permanent resident

2. Have her derive U.S. citizenship through me before she turns 18, and

3. Then apply for her U.S. passport.

 

 

My current understanding (please correct me if I’m wrong) is that if she is again admitted to the U.S. as an LPR while she is still under 18 and is residing in my legal and physical custody, she would automatically acquire U.S. citizenship under the Child Citizenship Act (INA 320).

 

Because she has already had an IR-2 and green card once, I am trying to avoid starting a completely new IR-2 processfrom scratch if it will take 1.5–2 years, as that risks her turning 18 before everything is completed.

 

I’ve been reading about the SB-1 Returning Resident visa and I’m wondering if that might be a better and faster option in her case, since:

 

• She is a minor child of a U.S. citizen,

• Her long stay abroad was for schooling in India, and

• We always intended for her to return for high school in the U.S. and live with me.

 

 

From what I can see, SB-1 processing at the U.S. Embassy in New Delhi / Consulate in Mumbai might be around 4–6 months, which seems much more manageable given her age.

 

My questions for the group:

 

1. Given that she is a minor LPR who has been abroad ~3–4 years for schooling, is SB-1 (Returning Resident)realistically viable in your experience, or is it usually denied in cases like this?

2. Has anyone here successfully gotten an SB-1 approved for a minor child in a similar school-abroad situation from India (New Delhi/Mumbai)? What evidence did you provide?

3. If SB-1 is unlikely, is my only real option to start over with a new I-130 (IR-2) even though I already did that process for her back in 2016–2018?

4. For those who recently did IR-2 consular processing for a child from India, how long did the full process (I-130 + NVC + interview) actually take?

 

 

Ultimately, I just want the clearest path to:

 

• Get her back to the U.S. as an LPR,

• Have her derive citizenship before 18, and

• Then apply for her U.S. passport.

 

 

Any insights, timelines, or strategy advice—especially specific to India (New Delhi/Mumbai) and SB-1 vs. new IR-2—would be really appreciated.

 

Mahalo and thank you in advance.

Please don’t post multiple threads for  the same question. Also the info in this post is different to your other one .. is she 16 or 17?  Has she been out 3 or 3-4 years ?  These specifics do matter !! 

[appleblossom 5,458]

As @Lil bear said, conflicting info in different threads isn’t helpful. Please clarify. 
 

If you did apply for a new IR-2 then she won’t age out during the process, her age is ‘locked in’ from when you submit the I-130 (and is up to 21 anyway, not 18). 
 

But has she visited at all since she left 4 years ago? Does she have a 10 year GC that’s still valid? Does she have another parent and if so where is s/he? Exactly how long did she spend in the US? 

 

And just to confirm, she’s moving back to the US to live with you permanently? 

 

Edited 5 hours ago by appleblossom

[Hawaiianparadise 0]

2 hours ago, appleblossom said:

As @Lil bear said, conflicting info in different threads isn’t helpful. Please clarify. 
 

If you did apply for a new IR-2 then she won’t age out during the process, her age is ‘locked in’ from when you submit the I-130 (and is up to 21 anyway, not 18). 
 

But has she visited at all since she left 4 years ago? Does she have a 10 year GC that’s still valid? Does she have another parent and if so where is s/he? Exactly how long did she spend in the US? 

 

And just to confirm, she’s moving back to the US to live with you permanently? 

 

Hello Thanks for your reply,

 

Yes she has 10 years green card since age 9 years old and now she is 16 years old. She did not go back since 2022. 

 

I am divorced and I have her full custody and her other parent lives in India. She studies elementary school there since age 9 -13. So she spend 4 years in the USA before moving back temp to india to continue her study. yes now she will move back with me permanently and continue her eduction there. 

[Boiler 48,300]

Full Custody does not mean she can move countries, now I am not familiar with the details of Indian laws on this matter but I would check first. She will soon I assume reach majority when this will not be an issue.

 

SB1 seems to have a very low success rate and I doubt that her reason, well your reason, I assume she had no say, would fly but not my call.

 

Prior to the current administration I would say get on a place asap, might still be the way, after all worstn that could happen is you file AoS. Well probably worse that could happen?