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New immigration for parents after SB-1 visa denial

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  • New immigration for parents after SB-1 visa denial

    Hi, Recently my parents appeared for SB-1 visa (returning resident visa) interview and they were denied with section 101(a)(27)(A).
    • Lack of clear intent of returning to an unrelinquished in the US
    • The stay abroad was NOT for reasons beyond application's control.

    Primary reason they were out of US was due to covid-19 pandemic. Since they are denied for SB-1, they can not come back to US on same green card ( technically they can still come based on their current green card but it might be difficult for them on port of entry to prove and they may have to immigration judge for court proceeding. I feel it's risky.).

    Other option is applying new immigration from scratch. I have below questions for new immigration
    1. do they have to surrender current green card by filing I-407 form?
    2. when they were here on Greencard, I got their subsidized health insurance from marketplace using premium tax credit. So when I apply for their new immigration, will that create any problem under section 212(a)(4)(A) - public charge?

    Please help me to answer above questions?

    thanks
    Chintan

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