Are Your Dependents Eligible for Permanent Residency if You Get a SB-1 Visa
A very good evening to you all!
I am asking on behalf of a friend of mine. He had a Green Card previously and is applying to get a new one via the SB-1 Visa. The questions we have are not about how likley it is he will get it approved etc. However, his now wife and children have not had a Green Card before, so this is the questions we have and these are only question that he needs to know and that are relevant...IF he is approved for the SB-1 will his spouse and children be entitled to Green Card too? or some other type of Green Card?
How is the SB-1 Visa different to a green card? is it the same thing as a Green Card?
If he is refused for the SB1 visa will that affect any future US visas he may apply for?
I thank you all in advance. Kindest of regards to you all
Re: Sb-1 Visa, What About Dependants if Approved
If he is granted his GC back via SB1, he can file for his dependents in the normal manner. They get in the back of that line and will get a GC after a several year wait.
He would need good reason to justify a returning resident decision. If he does not, he will need to qualify for a GC just like all new applicants. There is no special consideration for someone who had held and lost a GC.
Re: Sb-1 Visa, What About Dependants if Approved
Quote:
Quoting
OKisNotOK
If he is granted his GC back via SB1, he can file for his dependents in the normal manner. They get in the back of that line and will get a GC after a several year wait.
He would need good reason to justify a returning resident decision. If he does not, he will need to qualify for a GC just like all new applicants. There is no special consideration for someone who had held and lost a GC.
Thanks, so if he is granted his green card back he would have to file for his dependants. So his choice would be to move back to the US and leave his wife and children behind and live in America without them while their applications are pending. Or if he gets his Green Card back he could stay with them outside of the US and file for them, but then that could take years and his green card would then become invalid again as he would have been outside the US for too long again?
Can a permanent residents Spouse file a nonimmigrant K-3 visa (or something similar?) and come to the United States to live while the Visa Petition is Pending after the permanent resident applys for Form I-130 for his spouse?
Can a permanent residents Spouse file a nonimmigrant K-3 visa (or something similar ie V visa?) and come to the United States to live while the Visa Petition is Pending after the permanent resident applys for Form I-130 for his spouse?
Re: Sb-1 Visa, What About Dependants if Approved
Permanent residents may not file for spouses or fiances like citizens. They may only reside in the US if they have a "dual intent" visa like an H-1B. If they happened to be in the US on and F-1 or J-1, they could remain but would be unlikely to get a new one since these require non-immigrant intent.
However, anyone with a green card can file for a "reentry permit" which permits the individual to remain outside the US for up to two years without losing the green card for not living in the US.
Re: Sb-1 Visa, What About Dependants if Approved
OK so a Permanent resident Green card holder can not file for spouses or fiances at all! Really wow!
Yes I would like to post on visajourney.com but when I joined their forum I was suppose to get a activation email but did not get one and I even emailed them last week to fix the issue but not heard anything at all.
Re: Sb-1 Visa, What About Dependants if Approved
They can sponsor spouses, but there is a wait for a visa number of about 2 years. During that time, the spouse may only be in the US with a valid status like that of a guest worker or student (needed to be on that status before filing)..
A citizen can file for spouses as an "immediate relative" for which the wait on a visa is shorter. The fiance visa option is also available but has a number of requirements.
However, the returning resident criteria is supposed to be very difficult to meet. A GC holder who just chose to remain outside the country - even to be with family - is unlikely to qualify.
Re: Sb-1 Visa, What About Dependants if Approved
Quote:
Quoting
OKisNotOK
They can sponsor spouses, but there is a wait for a visa number of about 2 years. During that time, the spouse may only be in the US with a valid status like that of a guest worker or student (needed to be on that status before filing)..
A citizen can file for spouses as an "immediate relative" for which the wait on a visa is shorter. The fiance visa option is also available but has a number of requirements.
However, the returning resident criteria is supposed to be very difficult to meet. A GC holder who just chose to remain outside the country - even to be with family - is unlikely to qualify.
THanks, do you think it would be possible if he is approved to get his green card back that he could stay living outside the US with his children/wife once he gets his green card back and files for them and they all live together outside of the US while waiting for the visas and his reinstated green card (if he gets it back) will not become void during the wait time outside the US?
Re: Sb-1 Visa, What About Dependants if Approved
He MUST file for a reentry permit. You both need to read the requirements about a permanent resident maintaining his status. He must also make tax filings.
Another problem is meeting the financial requirements to sponsor his wife and children. He must have his own qualifying income or assets; if they are inadequate, he must obtain a joint sponsor. The long term financial obligations of a joint sponsor are significant.
If he does not understand the process, he should hire an attorney to walk him through the process.