Returning Resident Visa SB1

[Meher2022]

Hi,

I'm US Permanent Resident who had travelled to India on Jan 12th 2021 due to compelling reason and overstayed here due to compelling reasons. ( Does my Mother diagnosed and in treatment of cancer be acceptable as in the consulate?) What all document do i provide regarding this to the consular officer?

I'm looking to return back to US to my minor child who is in custody of the other parent. I do not have a re entry permit. Do I need a Returning resident Visa? Will there be chances of denial of visa although my minor child is in US only? Also what documents do i need to establish this relationship with the child? Are the tax returns sufficient?

If so what is the entire procedure of getting the SB1 Visa and what are the current SB1 visa processing times? Please share all necessary useful links required for this.

Also what about the next part of the Interview? I have to visit Mumbai embassy twice given i have to travel from a different state? also What about the medical checkup everything? do we easily get appointments immediately after SB1 is approved in Mumbai approved Hospital?

Thanks,
Meher Farozan

[Dx134]

Hi! I'm afraid an SB-1 is always an uphill battle; at least I've never heard stories to the contrary. That said, your reason for staying abroad for so long is compelling, so you might just be able to pull it off... I don't know much about the process but this is probably a good place to start: https://www.immihelp.com/returning-r...ncard-holders/ . Good luck!

[Meher2022]

Hi,

Thanks for the response. I also learnt that apart from SB1, the other options to get into US and at the Port of Entry, you will be interviewed by the CBP Officers? And if approved you can continue your stay in US? other wise you can appeal their decision in front of an immigration Judge?

Thanks,
Meher Farozan

[Dx134]

Yes. Going to a port of entry is indeed the other option - just be sure not to sign any form stating that you're voluntarily abandoning your green card and waiving your right to a hearing before an immigration judge. If you are extremely lucky, the CBP officer might simply let you back in, as if you'd only been abroad for a day. It is of course much more likely that the officer paroles you into the US and puts you into removal proceedings, and you'll have to make your case to an immigration judge. I have no idea if this or the SB-1 is the better option; you may want to ask an immigration lawyer about that.

[abel1303]

Tax returns alone may not be sufficient, but they can be helpful in showing financial support for your child.
rankdle

[paxtonleiny]

Going to a port of entry is, in fact, the other option; but, you must take care to ensure that you do not sign any paperwork indicating that you are willfully relinquishing your green card and waiving your right to a hearing in front of an immigration judge. though you are exceptionally fortunate, the CBP officer may simply let you back into the country as though you had been gone for no more than a day.

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[daisymaria]

You must have stayed abroad for an extended period, usually for more than one year, due to circumstances beyond your control. Valid reasons may include employment, medical treatment, or family reasons.

[josewilson]

If your application for returning resident status is approved, you will be required to pay an additional fee of $205.00 when you return for your second interview for your immigrant visa.