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Returning Resident Visa(SB-1) for my brother who has been absent from USA for 2 years

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  • Returning Resident Visa(SB-1) for my brother who has been absent from USA for 2 years

    My brother and I received our green cards in 2011. Currently, I have a valid green card and I'm currently working in the USA. After receiving the green card, my brother has only been in the USA once in 2011. When he returned to India in 2011, he had not applied for the re-entry permit before leaving the USA. I have read that he could apply for the Returning Resident SB-1 visa in this situation.

    I will become a U.S. Citizen in 2016. I could apply a green card for my brother at that time. Please let me know whether the SB-1 visa would be a better option right now or restarting the entire green card process for my brother in 2016.

    Please advice. Thank you in advance!

  • #2
    Originally posted by Rossonero View Post
    My brother and I received our green cards in 2011. Currently, I have a valid green card and I'm currently working in the USA. After receiving the green card, my brother has only been in the USA once in 2011. When he returned to India in 2011, he had not applied for the re-entry permit before leaving the USA. I have read that he could apply for the Returning Resident SB-1 visa in this situation.

    I will become a U.S. Citizen in 2016. I could apply a green card for my brother at that time. Please let me know whether the SB-1 visa would be a better option right now or restarting the entire green card process for my brother in 2016.

    Please advice. Thank you in advance!
    Qualifying for Returning Resident Status:

    Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

    Had the status of a lawful permanent resident at the time of departure from the U.S.;
    Departed from the U.S. with the intention of returning and have not abandoned this intention; and
    Are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

    NOTE THAT the reason for overstaying outside US was due to circumstances beyond his/her control.
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