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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Getting a Returning Resident Visa After a Multi-Year Absence

    A permanent resident left the U.S. about three years ago, without a re-entry permit. They now want to go back to the United States and are wondering if they have any chance of getting a SB-1 returning resident visa. They have another complicating factor, in that they were on probation when they left the U.S. and violated their probation as a result.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Getting a Returning Resident Visa After a Multi-Year Absence

    In broad terms, to qualify for a Returning Resident (SB-1) immigrant visa, you must establish that you had valid LPR status when you left the United States, that you left the U.S. with the intent of returning and did not abandon that intention, and that your trip abroad was temporary and that your extended absence was for reasons beyond your control and for which you were not responsible.

    Even if those elements can be met, and I suspect that under any circumstances the final element will be a difficult sell after three years, the USCIS is going to also look at the criminal conviction, its nature, and whether this was in fact a flight from justice.

    Under the facts, I would not be optimistic about the approval for reentry as a returning resident, and would suggest consulting an immigration lawyer.

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