Child of the Sun1

Majority if not, all of the people commented here said that working working abroad is a red flag when applying for a SB1 visa. I had a conversation with a law Immigration atty/prof, that though working abroad is Indeed a red flag its the Intent that matters. If you quit your job in the US and moved on to a new career in a different country then that is Indeed a situation that you might have slim chances. However, If you were outside the US that maybe beyond your control and you were force to work so you can support your self going back to the US then nothing is wrong with that. Again it's the Intent, but then again for me it is really a case to case basis.

Any update on this?

@Dashinka That question of how she maintain her GC that is also one thing I am thinking about. She said to me how can I maintain it? Im taking care of my father. She even added seriously? the immigration is going to show that Inhumane side? especially if I have all the documents to show that my dad's health condition can lead into life and death? I also observed that this sb1 visa has some gray areas. She also added to answer that question how she maintain it, well she wasnt able, why? because the life of her father was on the line. She also said  in all caps LIFE.  That even she is far away she still supports her child. because its life. The responsibility of a daughter to the parent and a mother to her child. Well that is what she said

@Dashinka as far as for the Taxes well still waiting the w2. That is the only thing she needs to file according to the CPA. I'm not really quite sure about this, but Im sure that my friend's case is not the only worst case who wants to apply for an sb1 visa. I am sure that there are applicants out there who had a lot worse case than this and was able to get approved. Well I am not comparing it, I am just saying still possible. Again the US Embassy in Manila told me that majority of the filipinos who are LPRs, Who's been stuck in the Philippines for more than 2 yrs has the same reason. I  just dont know how many of them got approved

@Dashinka I  believed I mentioned this before about her ties with her son or daughter.  How is that a continuing tie? She communicates with the child and still supports the child. That alone is a motive that you are maintaining your communication and ties with your child. She has no permanent address because she is renting but she's been in that state for 11 yrs. She has a bank account but what she told me she has one of those pre-paid credit cards and that was the one she's been using all along.  I believed I mentioned all this stuff before. for example about her child. So I don't know, was there a misunderstanding here?  

@Paul & Mary IRS is closed because the CPA was trying to request for the w2 form of my friend. I highly doubt he is lying.

1 minute ago, Paul & Mary said:

She feels US Social Security isn't safe?  Financially?

When she said isnt safe what she meant was the fact the her father receives money from the US govt. People in the Philippines especially in rural places may have bad Intentions. I am sure you are aware of those abuses. People stealing money etc. Do I need to be more specific? I will repeat, Nobody is in IRS at the moment to process the w2 form. I don't know if you already tried, but the CPA did

9 minutes ago, Boiler said:

Well her son or daughter could presumably sponsor her, might be the simplest option.

 

Best to keep everything on forum, none of us know everything and that way others can spot errors.

I agree,  However she still want to see her chances. She is now waiting for her w2 for otherwise her CPA will write a letter stating about her tax situation. Especially the CPA stated IRS is closed

@geowrian 

4 minutes ago, geowrian said:

A counterargument to caring for a relative would be that it makes sense for a few months travel, but once you start getting into a few months -> several months -> over a year, what attempts were made to find a family member, friend, or professional aid to provide necessary care

What she told me is she couldnt find anybody available to take care of his father and help with her step mom. She siad her bro living 4 hrs away from her dad also medical condition and pretty much he is very busy with his own family, for her sister well they don't really talk even when her mother passed away back in 2007. Her sister distant herself from the family. As far as professional home care, that is not pretty common nor safe in the Philippines. Especially, the fact that they lived in a very rural place in the province.  She said her dad is a retired US citizen who is receiving pension from Social Security so its not pretty safe. The probability of an abuse or something may happen Increase. She also added that the reason she will hire someone is to take care of her father and to relieve her from headache and stress, but what if that decision becomes the headache itself. Especially, in this country home care is pretty uncommon. That is what she said to me before when I myself asked her why cant you just get a caregiver maybe? to take care of your father. And she said that based the news, based the social media in the Philippines abuses are very common even for care givers who came from a legit agency. You just never know who you can trust especially here in the Philippines that is very rampant.

@geowrian Can I chat with you privately?

@geowrian are you  a filipino by any chance?

@geowrian You said see so few successful SB-1 visas what are the common scenarios they have? I spoke to someone in the US Embassy in Manila and they said taking care of a ill parent is a pretty common cases of LPRs being stranded outside the US. Now this is the US Embassy in Manila so I assumed this person is stating based in the Embassy In Manila alone. 

But if what you  said is true about few successful what are the common factors why the officer denies the sb1 visa?

@geowrian I see yes I understand completely about that filipino citizen vs resident. Now here is the confusing part. I don't understand why the Immigration Officer would investigate more about the money that she has. What if she got married and that money is from the husband's money from work etc... why would they care about it? I trying to understand that. So my question is how would she able to prove from your perspective  that she can support her self? what would be the best way to show that she have money to support her self

@geowrian also, according to my friend she was able to obtain a letter from her employer stated the dates that she started working until her last day and it was also stated that they will come her to come back to if there is a position fit for her. Will that do to show that she will have employment when she gets back in here in the US?

@geowrian Thank you so much for that comment. I would like to clarify when I said about since birth she was  already a  citizen. What I meant was  she is a filipino citizen a resident in her town before she migrated back in the US. So if you will take a look at it  since that she is now a US LPR but stilll she is a filipino citizen/resident in her town.  Now since you brough up the affidavit of support,  what if someone is willing to lend her money and deposit it in her bank account like lets 3k, do you  still need affidavit of support? as far as relatives she does have a sister but they are not in good terms she has good friends though

@Lil bear I don't nor will I see it that way. However, I want to hear the answer to the question.  Quite frankly you were right. An Individual can not be residents of two countries. Though the fact is she is already a resident of the Philippines since birth but that's beside the point. My main concern is if the Individual indeed have a situation beyond its control and this Individual can not rely on anyone else to help him/her financially, then how can she get back in the US? I do understand if an LPR went outside the US, Immediately worked and stayed there for so many yrs then for me I can see the Intention there. But what if the person just so happens to be stuck because of unforeseen circumstances and didn't work right away, but it took this person after 2 yrs to work because of financial needs? Now that financial needs also involved saving money In case the person was able to find a way to get back in the US. So this is the scenario that I wanted to know inputs from other people.  

@Lil bear and you dodge the question hehehe. 

@Dashinka ah ok yes I remember now. WEll as for the continue ties in the US well she has her son or daughter I believed and she did mention recently she is actually in contacts with her employer about the w2 of 2016. The CPA said if they werent able to obtain the w2 on or before july 15 then he will make a note for the Immigration officer.  CPA also added there is nobody in the IRS at the moment to take of a request of the copy of her w2 form. This is what the CPA stated. As far as what effort she did to show not to lose her status as an LPR well what can you suggest what she should do now? I did ask her that and she told me what can she do? she is already tied up with her 70+yr old father with a COPD. that is what she said. But what do you think she should do and how will she answer it?

@Dashinka What is question  number 10?   Correct me if Im wrong I ready one of the cases here in this forum someone stated that the sb1 visa is no longer applicable for people who stayed 5 yrs over? Some Immigration lawyers I spoke to said that sb1 visa doesnt really have any times limits. Well the question is the sb1 visa has a time limit? like its only good fro 3 yrs or 4 yrs?

@Dashinka I agree with you. But based on my research in Manila Embassy this is the most frequent reasons for filipinos applying for the SB1 visa in Manila. So the reason of taking care of an Ill parent is pretty common reason

@Lil bear I do understand you cant be a resident in two countries but what was the intention of working abroad? that is why I was asking if lets say she does have a case of beyond her control  and about taking care of dad then how can she afford paying the fees or the plaine ticket? how can you start your life back in america? what if nobody wants to help you financially on that case? then what? pls do answer its a question for you

@Lil bear Ok I will let go of that opinion then answer me this, If she indeed has a case beyond of her control, how can she pay the fees that is attached on this visa? how can she afford a plane ticket? pls do answer that

@Dashinka  That would be the sister of her step mother, They made arraingments and now she moved in next door to be sure she will be there right away. Before she lives like 40 mins to an 1hr away. So now she moved in next door to help. She couldnt make this decision long time ago because she was also taking care of some personal stuff with her family. Now she is she already agreed to move in next door. As a matter of fact she already moved last roughly Dec of last yr or Jan of this yr

@Dashinka  I was wondering myself but she said when she goes to work someone is temporarily covering for her and that was her step mother's sister. She said  she call hers to cover for her temporarily. They did have an agreement to help her out as well. I've asked her how come you didn't take this opportunity to go back here in the states? she said  that time she doesn't have money and she never heard of the sb1 visa.  Either way she couldnt go because of financial as well and the idea of such visa exists She also added she started working when her father was just a bit stable. Nevertheless, the COPD is still there it doesnt have a cure. 

@Dashinka I agree, based on the case of my friend she said  she didn't work right away. It took her 2 yrs before she applied for a call center job in the Philippines so she can support her self and help her father financially.  She was having 2nd thought of working outside the US but again if she didnt work she wouldn't be able tp afford paying the fees and helping her self and her family to survive. 

I heard that LPR who is been outside the country is not allowed to work because he/she may loose their Greencard. But my question is how can this person support or even afford to survive and pay the fees for applying the SB1 visa if this person is only relying itself?