Seeking SB-1 Reentry Visa With An Expired Green Card and 3-Years Abroad

According to regulations, permanent residents (green cards) who stay outside the United States for more than one year or expire beyond the validity period of the re-entry permit need a new immigrant visa (SB-1) to enter the United States and restore the green card.

Year: 2019
Nationality: Chinese
Applicant: Ms. Chen
Case: SB-1 Reentry Visa

Difficulties in this case:
• Ms. Chen has been away from the United States for nearly three years and has not applied for a reentry permit ;
• Ms. Chen’s green card has also expired for more than half a year , making it impossible to board the plane to go to the United States smoothly;
• Holding an expired green card and being denied boarding while staying outside the United States for more than one year, the only option to return to the United States is the SB-1 visa ;
• Under Trump’s New Deal, the SB-1 visa denial rate is high .

Brief background:
Ms. Chen returned to China in April 2016 with a 10-year green card to take care of her father who was sick and hospitalized. She did not apply for a reentry permit before leaving. Because of her father’s complicated condition, Ms. Chen had to stay in China. She originally planned to return to the United States before her green card expired in July 2018, but she did not expect that after taking good care of her father, she was also admitted to the hospital due to bunionitis and could not return on time. beautiful. After her physical recovery, her green card had already expired for more than half a year. Ms. Chen bought a ticket back to the United States with the mentality of trying it out, but was stopped by the airline at the airport and refused to board the plane on the grounds that her green card had expired.

In desperation, Ms. Chen found Tsang & Associates for a consultation through a web search, hoping that we could help her return to the United States. After learning about her situation, Attorney Zang pointed out several alternatives for her. In the end, Ms. Chen decided to apply for an SB-1 visa to return to the United States.

Keys to success:
1. Explain overstay
Issuing a personal statement in Chinese and English to explain the reasons for overstaying is one of the necessary requirements for applying for an SB-1 visa to return to the United States . Attorney Zang instructed Ms. Chen to write a brief and clear statement so that the visa officer can In a short period of time, we can better understand the reasons for her stay, and her never-ending intention to live in the United States. In addition, we also assisted Ms. Chen in sorting out relevant documents, such as the hospital’s diagnosis certificate, etc., to prove that her overstay was beyond her control.

2. Strengthen the binding force of returning to the United States
How to prove to the visa officer that Ms. Chen has an inseparable connection with the United States is also one of the key points for her to obtain a visa and return to the United States smoothly. Lawyer Zang issued a detailed list of documents to Ms. Chen, stating that she had sorted out the documents related to the United States, and that she had obtained a letter of intent from an American company, which made it clear to the visa officer and highlighted her return to the United States as a permanent resident. Intention of long-term residence.

3. Interview guidance, English answering
Before the interview, lawyer Zang specially communicated with Ms. Chen by phone, reminding her what issues to pay attention to during the interview, and helping her master the SB-1 interview skills, so that she will be more confident when facing the visa officer. The good thing is: Ms. Chen has a higher education and has lived in the United States for many years before. She has no problem talking in English. After the interview guidance, she completed the interview in English very confidently. It also helped the visa officer to believe that she would soon be able to return to the United States to integrate into life and work.

Case results:
Ms. Chen’s interview was arranged at the US embassy in Guangzhou in early April 2019, and she passed the customs on the spot. Ms. Chen was very happy and immediately shared the good news with Tsang & Associates. No one who had interviewed with her at the same time that day, she especially thanked our professional guidance, which enabled her to return to the United States smoothly.

Lawyer Zang commented:
According to regulations, permanent residents (green cards) who stay outside the United States for more than one year or expire beyond the validity period of the re-entry permit need a new immigrant visa (SB-1) to enter the United States and restore the green card. SB-1 applicants must schedule an initial interview with the U.S. immigration department in the country via the email consultation form to determine eligibility, and if so, will be required to have a second interview. However, it is even more difficult to pass the first round of SB-1 interviews. According to Ms. Chen’s sharing that all other applicants were rejected at the same time, it is not alarmist. When reviewing, the visa officer tends to consider whether the applicant has a close relationship with the United States after obtaining the green card? It will also consider relevant factors such as whether the applicant can make contributions to the United States after returning to the United States in the future. If you have questions about the expiration of your green card or staying abroad for too long, please call to make an appointment for consulting services.

*To protect customer privacy, customer names are pseudonyms.