Apply for SB-1 or just go back?

[gecko]

Have a 10 year green card since 2015, left the USA in June of 2019 to Australia (Australian resident also) unable to return because of Coronavirus flight restrictions, although there have been some limited flights out available

Is it best to apply for an sb1 or just fly out later this year without one, say 18 months after leaving the US?

[R78]

Option 1: Your best bet (safest and cheapest) is to return to the US before June 2020

Option 2: If you cannot travel before June 2020, then you must apply for a returning resident visa (SB1) at the consulate, get it approved and then travel.

[sach_nyc]

Sb-1 is given only if you could not return due to no fault of your own. so, keep that in mind. returning before 1 year is over is your best bet.

[newacct]

Option 2: If you cannot travel before June 2020, then you must apply for a returning resident visa (SB1) at the consulate, get it approved and then travel.

But if they do not apply for an SB-1 returning resident visa, and just go back, the officer has discretion to waive the documentary requirement and let them in. And if the officer doesn't waive the requirement and puts the them in removal proceedings, the immigration judge has the power to waive the documentary requirement and let them in.

[gecko]

Thank you for the replies, just for some context my wife and son are US citizens and will be accompanying me on the trip back to the US.

The options are basically 1) apply for the SB1 or 2) fly without it in September or August (14 or 15 months after leaving US).

[Parth Green card holder]

Thank you for the replies, just for some context my wife and son are US citizens and will be accompanying me on the trip back to the US.

The options are basically 1) apply for the SB1 or 2) fly without it in September or August (14 or 15 months after leaving US).

What have u decided now? R u going with option 1 or option 2 as u mentioned above? Please let me know. I am in same kind of situation.
Thanks in advance

[gecko]

What have u decided now? R u going with option 1 or option 2 as u mentioned above? Please let me know. I am in same kind of situation.
Thanks in advance

most likely going back August or September if there are flights, option 2

[Parth Green card holder]

most likely going back August or September if there are flights, option 2

Thanks for replying Gecko. Update me with the decision. We are in same boat.