Returning resident visa for a child

[sb1visa]

We have returned to India when my kid was 10 year old. He had green card which expired a few years ago. My kid never went back to US and he's about to complete his undergrad. He would like to go to US for masters program.

If he applies for returning resident visa, since his stay outside US was not under his control, would there be any chance of getting sb1 visa approved?

[rayb]

You have no good reason to expect your child to be eligible for an SB1 "returning resident" visa. His Green Card status was "abandoned" by default, because of your failure to place sufficient value on that status to take steps to insure he retained the status. I mean no criticism of you, but that's what happened, so you should consider re-petitioning your child or assisting him in obtaining a student visa.

--Ray B

QUOTE=sb1visa;386337]We have returned to India when my kid was 10 year old. He had green card which expired a few years ago. My kid never went back to US and he's about to complete his undergrad. He would like to go to US for masters program.

If he applies for returning resident visa, since his stay outside US was not under his control, would there be any chance of getting sb1 visa approved?[/QUOTE]