I lived in the USA, with my parents, for 7 yrs. My dad had a H1B visa, and we applied for and received Greencards. However, around 1 yr later, we left the USA, when I was 11 yrs old (minor). Now, I'm 19 yrs old and would like to return to the USA.
Is it possible to retain my Greencard and apply for an SB1 visa? What are my chances? Since I had no choice in leaving the US, due to being a minor, help my case?
If this is possible, how can I present my case to the US Embassy here, to improve my chances at getting an SB1? Also, since my Greencard is due for expiry soon (April 2015), should I apply for a renewal? How do I do this while outside of the US?
I will probably be going to the USA, for an internship, initially, in May 2015.
This has been tried in the courts, and - sadly - when your parents abandoned their green cards and took you home, they also abandoned yours. If you go the SB1 or some other route to try to keep the old card, then you will close off many of the non-immigrant "first step' visas that many use - since you will have immigrant intent from day one. You are in a tricky situation.
Andrew Bartlett. Community Immigration Lawyer, San Rafael CA.. Please note that answers to questions are for general informational purposes only. They are not legal advice and do not establish an attorney-client relationship. If an answer is not clear, I will do my best to explain further.
Building on Mr. Bartlett's answer, the issue to research is whether SB1 visas have been granted in situations similar to yours: a minor left the U.S. with his parents, and at 18 wants to return.
This was asked once before inn avvo, though with somewhat different circumstances: http://www.avvo.com/legal-answers/what-are-my-chances-of-getting-an-sb1-visa-when-i--644753.html
Best of luck!
My response is not to be construed as creating an attorney-client relationship and it is not offered as legal advice. Hopefully, this discussion will steer you in the right direction if you choose to hire an attorney.
You chances of having an SB-1 "special" returning immigrant's visa are less than zero under the facts you cite. Sorry.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
SB-1s are fact specific and case law has determined the relevant standards. That being said, it REALLY depends on the post you apply to whether they entertain such SB-1s. My guess is that based on 8 years outside of the US, that you didn't get on this at age 18, and therefore you weren't outside of the US against your will and couldn't have had an intent to return within 180 days of leaving, you will not be granted an SB-1. You should meet up with a lawyer though - like I said, the caselaw sets the standards on these.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case
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