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SSPAVAN

SB-1 Visa question

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My daugther is a Green Card holder, she is in India for past 3 years. I am planning to bring her back now. I read that I can apply for SB-1 visa.

 

Question.

1. Most of the places I see that SB-1 visa can be applied mainly for medical reasons  which is not the case in her situation. So can I apply for SB-1 visa.

2. I was told that I can go bring her personally so that not many questions are asked at POE. Is this a valid option. At POE if they see it as an issue to allow her I was told that the Officer can't stop her entering into US but however ask her to go through some immigration process.

 

Could someone suggest the best path to be taken

 

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Is she a minor? If so, an SB-1 isn't needed.

An SB-1 is only for situations where the person was prevented to travel to the US for not fault of his or her own. A classic example is indeed being in a hospital for a long time.

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Yes she is a minor and there are no medical concerns. So can she enter into US without applying for an SB1 visa.

Edited by SSPAVAN

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Yes she is a minor and there are no medical concerns. So can she enter into US without applying for an SB1 visa.

 

Hmm, I thought it was possible, but I'm not so sure anymore after searching things.

You should discuss your situation with a good immigration lawyer.

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The SB-1 is for situations where it was impossible to return to the US within a year, but the person was an LPR when they left/intended to return.

 

The airline authorities may not be willing to even let her on the plane  to the U.S. This never used to be the case, but more recently I have seen/heard of it happening.

 

If she is allowed on the plane, the matter will be handled at the POE. They may chose to parole her in to the US, but place the case before the immigration court on the issue of abandonment.

 

While kids may not be able to make decisions/control their lives, they are bound by their parents actions/decisions in terms of LPR abandonment. So, this is a very case specific issue.

 

A reentry permit should have been obtained before hand to avoid this situation.

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