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:
Get her back to the U.S. as a lawful permanent resident
Have her derive U.S. citizenship through me before she turns 18, and
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:
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?
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?
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?
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.
