Shadow Moon

@kendelle   He was diagnosed during my 8th month of staying in the Philippines. I found out the whole details on how he gets sick during my 3rd week after I arrived in the Philippines for my 1-month vacation. I decided to stay cause based on my step mom's description and the way I understood it, it may result in a life and death situation. This is the 2nd time I've met my stepmom back then I don't trust her. So when I decided to stay my goal is to convince him to see a specialist and not just a walked in Clinic doctor who leaves 4 hrs away from where my dad lives. Unfortunately, It took my 8th months to convince him. He is 70+ by the time he was diagnosed.  

@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

@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?  

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

@Boiler   That is exactly my point!  What I've observed from other people's experiences that I've read here online was there was no certainty at all. One case, in particular, I've read 2 weeks ago was this LPR person who was gone for 2 yrs due to a medical condition. I thought " well that is a good excuse and 2 yrs is basically not that long " However, this person was denied of the SB1 and the reason was due to a long period of time. Another story I've read was this person also an LPR was gone 5 yrs taking care of his father In India. (Now this may sound similar to my story, but nop  this is not mine) he applied for sb1 visa and brought with him all his documents. Now, this is where I was really shocked, it's either this guy was telling the truth or stretching out or maybe flat out lying. He said the officer didn't even read the documents, he just asked 2 questions " Why was he gone and What is the reason coming back to the US after being gone that long " So the guy answered the questions and he got through. Now I really don't know if these stories were true, but let's assumed it was true, then that clearly shows we can not pass any conclusion to any matter on hand. Things really do have differences from one case to another. Just because it happened to you doesn't mean it may happen to the other person. Just because you've seen it happened 3 times 6 times, doesn't mean it will happen the same way in other cases. Though I've said I already sought legal advice before about this case, though it won't hurt if I decided to seek other opinions as well, in a none professional aspect. In that way I can determine clearly my next move, for all opinions professional and non-proffesional alike would be filing both hands, then I'll just going to weigh it. One of the people commented here said that my case wasn't really a " Beyond my Control situation. So I immediately spoke to a lawyer and asked that question. The lawyer said that it is beyond of my control situation because nobody asked for my father to get sick... That was also beyond my father's control.  Now, this is what the lawyer said. As far as the ties like taxes and property,  the lawyer said, though it is one of the requirements, that is not the only factor. The lawyer said the fact I still have my son, the fact that I continue my communications with him, and sent him whatever I can afford can be enough to show and prove that I still do have a social tie in the United States. Now I brought this up because I want to see your opinions about it.   

@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.  

So what is the sense of filling the tax? I don't see I owned them money cause 2017 I didn't have any work. Late 2018 I did work but the value I make money here in the Philippines are a lot lesser compared what I make in the US. So what is the sense of it? just to file my taxes that is it? I only worked for 3 months back in 2016 before I left. From JAN till 3rd week of March. Kindly explain to me how this works

@Paul & Mary Thank you very much for the Info. I honestly don't know any of these stuff. Kindly tell me are am I going to pay IRS or vise versa?

@Paul & Mary So this means I can't file this yr anymore?

If ever I filled for the taxes I wonder if this would have a bearing if ever I applied for an SB1 visa to get approved? Trying to search for the email of IRS Here in the Philippines fax machines are not too common .

@geowrian Thank you so much, this is the reason I am not puuting down the tread I am still open for Ideas, suggestions what to do. Half of me stating not to give up for my son. Though I know majority of the people here stated the odds are against me, but maybe... Just maybe there is still a way.  A way to make this SB1 work on my favor

@Boiler Really? I can still file and may have a bearing for my SB1 visa to ve apporved?

@geowrian Thank you so much.   I still try to weigh things.  I know it is a legal advise and they know the laws in Immigration, I am still open for other people's opinion. I don't know if I should give up or not. But I dont want my my son to tell me one day " Why didn't you bother trying? "

@Boiler Thank you for this info I appreciate this. Unfortunately, I didn't know this at the time and didn't even have the idea so I could've research for it or Inquire of. So I guess it is to late that is fine.

@geowrian ah I see, so if that is the case then I am sure wife knows how they define the laws here in the Philippines. So that is what makes it unique. How they understood the process here in the Philippines I am very sure your wife knows that pretty well. As far as the taxes, Again I already submitted my w2 for for 2016 so how can I file a tax with me working in the US since 2016? 2nd lawyers disagreed about filing my tax or what ever my Income here in the philippines because america has nuthing to do with the taxes here in the philippines. we do have a different tax rules. for people who worked under 25k philippine pesos dont need to file taxes. so how can I file and what the authority of america in our taxes?

@Lil bear I am not missing the point. I am stating what the lawyers were telling.  Unless you are a lawyer your self who handled this cases before for so many yrs, then you might be right. Again these are what the lawyers was saying. I do respect your opinion but I am not missing the point. These are the professional advise from the lawyers and I am only stating that fact

@Boiler with all honesty yes. They said yes it is part of the requirements but the judgement of that doesn't rely only on that statement alone. For they said they've got cases in which the LPR who applied for sb1 didnt filed any taxes nor have any properties but were able to return. Now I need to tell of these to the Immigration lawyers In order for me to get the complete professional advise. Otherwise that would be a huge headache for me.  So, yea they said that wasn't the only factor that an officer is basing at

@Boiler I did worked in the US but what I worked for I already filed. 2017 I no longer work in the US cause I am no longer there. In terms of working in this country. As one of the layers stated, there is nuthing wrong it because I need to support myself. Unless the idea is to be a leech from someone like my father receiving his retirement is acceptable ethically then supporting your self to survive has nuthing to do with it. Now this is what the lawyers said. Lawyers with an S

@geowrian You said that you have to disagree that This situation is not unique with PH comapared to many other areas.  Well, Unless you are very familiar about the Philippine system then I would go on your opinion as far as disagreeing with me. You said PH is not unique comapred from other areas?  Try to come here and lived for more than 1 yr to justified that. Otherwise it will be just an opinion based on belief and not as fact. In any rate I respect that. For the taxes though, How am I going  to file? I don't have a properties so how can I file? I already filed my taxes back in 2016 before I left.  So what kind of taxes am I going to file if I don't have a property? specific on the taxes we have diff kinds of taxes

@Nitas_man I am not misleading you. As per legal advise I am qualified. but to get approved that is a different subject. The term that I used was exactly the term that the legal counsel told me.  Now, when is I say Legal Counsel doesn't mean we already have a contract. We don't, but I am sure you heard the term Free Consultation. So I asked  to these lawyers about  other people's personal exp and they said these. " Just because it happened to Peter, doesn't mean it will happened to Paul " It still based on how the Immigration officers. Based on their moods etc.

Hmmmm... Quick question how many or is there an Immigration lawyer here?  Just for curiosity, How man of you based your opinions on personal experiences? or majority if not, all of those who gave their comments were just basing it on their own personal belief? Now don't take in a wrong way, I'm just curious. 

@jan22 I hope you dont mine my friend, but do you mind if I asked for your email? If it is ok with you

Thank you to those who gave their comments about the situation at hand. Well, at least I heard the truth and be able to construct my decision. I know I've asked lawyers before but of course I want to know other people perspective.  Hopefully all the opinions if not majority are based through experience and not just personal conclusion. In any rate it help me to decide if its worth to try or not, but the looks of things based on the opinions Ive been reading are all negative. I am ok with it, it is what it is. It is not the end of the world. I can still go to other places. The purpose of this forum is to see the 360 angle of this situation. Thank you for your opinions