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If my sb-1 visa got denied will i be able to apply for student visa?my husband is a green card holder there.if not what visas?

Edison, NJ |

hi iam going for sb-1 visa.but now iam in india for 5 and half years.i got my greencard in husband also on greencard from lastyear only.
1.if my sb-1 got denied is there possibility that i could apply for student visa or any training visa distant relative was in usa and they were citizens there .is there any possibility that they could support me?if possible what kind of visa would i get? relatives daughter runs a beauty parlour there .could i get a training visa for this purpose my relatives were there could i get a visiting visa?
5i had a masters degree in microbiology if i had to apply for h1 b visa when should i apply.i heard thatb they are open from it true? brothers friends works there with h1 visa could they help me in providing any other vis

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Attorney answers 4


1. Yes, you can apply for a non-immigrant visa. Note that it is very hard to get an approval if you had a green card before and it was revoked.

2. They can support you while you're here (sponsors for the F-1 for example), but if your question was about whether they can petition you, then no they can't. Only a parent (lpr / usc), usc brother / sister, and usc son / daughter over 21, and employer can.

3. Depends what position and type of non-immigrant or immigrant visa you wish to apply for.

4. You can apply for it, but it's hard for applicants to get approved with a recent revoked green card. Especially since you only got it in 2012.

5. April 1. The quota for this year is closed. So unless the company is cap-exempt, you'd have to wait til April 1, 2014.

6. Depends.

JP Sarmiento
(216) 573-3712



If you only got your green card last year, why would you ever file an sb-1? SB is typically only in extreme overstay cases, most often when the green card has expired.

You need to reach out to me or another good lawyer and get good advice, before you waste your time and money.



(610) 664-6271. John Vandenberg focuses his practice solely on immigration law. You can keep up to date on immigration law by liking the firm on Facebook at His response to your question is general in nature, as not all the facts are known to him, and does not constitute legal advice. Retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case, since that protects both you and the attorney. Mr. Vandenberg's statement above does not create an attorney/client relationship.


If your green card is revoked and your lpr spouse is in the us it is almost certain you will not be any no immigrant visa. You option would be for your spouse to petition for you again and you'd have to wait for a visa to become available. If you got your green card in 2012 you are going to need some strong evidence for an sb1. They are not easily granted. If you are pursuing this without an immigration lawyer (one in the us not a consultant in India) you are being foolish.


The odds of you getting a nonimmigrant visa that has a foreign residence requirement after being refused an SB-1 visa are slim to none. However, I would question if you really need an SB-1 visa to begin with. According to your facts you received your green card in 2012 so the most you could have possibly been out of the U.S. is slightly less than 18 months. While being out more than a year can be indicative of abandonment of residence, it is a rebuattable presumption. However, you also state you have been in India for 5.5 years so something is amiss. I suggest you consult with an experienced immigration attorney before taking any action.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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