Getting a SB-1 after returning greencard

This is a discussion on Getting a SB-1 after returning greencard within the Family-Sponsored Visas forum, part of the IMMIGRATION LAW category; I was able to get my greencard through my mother in 1992. I went to the US and stayed there ...

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Old Aug 4th, 2012, 12:22 AM   #1
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Default Getting a SB-1 after returning greencard

I was able to get my greencard through my mother in 1992. I went to the US and stayed there for a couple of month, and then returned to the Dominican Republic. I did not enter the United States for 14 years. In 2006, I decided to enter the US. when I got to the airport (JFK-NYC), the inmigration officer retained my greencard and told me that I needed to see a judge because I was not supposed to stay for so long in Dominican Republic. Before going to court, I had an appointment with an inmigration lawyer, and he said that there was a possibility of get it after 1 year (fighting in court). At the momment I was pregnant, and had two kids back in the Dominican Republic; therefore, when I went to see the inmigration judge, I mentioned that I prefered to return the greencard (she was surprise ------ i had to return to the Dominican Republic, because I was 7 months pregnant, and also had to take care of my two little kids).... Now my three kids are big (7, 9, 10 years old). I am wondering if I can request a SB-1 visa since the main reason why I had to return to the Dominican Republic was because of my kids.... Also, I was not able to enter the United States for 14 years prior to 2006 because i became independent at the age of 14, and I went through a very difficult and economical situation.

In addition, my mother is going to try to sponsor me for a visa (mother-daughter) which usually takes 6 years.. If I get denied the SB-1 visa, is it going to affect my mother sponsorship for the mother-daughter greencard?

Thanks a lot for the help!
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Old Aug 4th, 2012, 07:51 AM   #2
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Default Re: Getting a SB-1 after returning greencard

I wish to inform you that you have two options. In the first option, you may reapply for green card through your mother. In the second option, you may file Form DS-117 and apply for returning resident visa. The burden of proof will be on you to show that you had a permanent intention to return to the US but could not do so on account of circumstances beyond your control.

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