Question About SB-1 Visa And Permanent Residence?
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Question About SB-1 Visa And Permanent Residence?
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Hi, everybody, I need some pro advice on permanent residence.
My aunt is a green card holder(non-conditional) and has been living and working in America for 10 years with good work and tax records. Last December she was diagnosed with cancer. And to be better taken care of by our relatives, she flied back to China in haste. Didn't apply for re-entry permit before she left. And now she has stayed in China for 4 months but the Chinese herbal medical treatment she's under requires her to stay for another 12 months.
But as green card holder she's only allowed to stay outside US for less than one year. And Re-entry permit can not be applied from outside U.S.
Somebody told us that she is qualified for SB-1 visa. But problem is, does SB-1 visa only guarantee her readmission into America? Does her protracted stay in China influence her permanent residence anyway? I mean, when she is back to America, does she have to apply for green card again? She has settled in America. Her only son is an American citizen and her property is also there. It'd be awful to lose her permanent residence.
Many thanks in advance.:)
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George L
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She could be considered eligible for an SB-1 visa, but that would be up to the interviewing officer to determine. If she was turned down, that would be it for her green card, and she'd have to requalify to return, which would mean her son would have to file a new petition. Or, she could return to the US briefly, file her re-entry permit and return. she doesn't have to actually have it with her before she leaves. The last option would definitely preserve her status. The SB-1 option might or might not. |
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Spotter 888
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Yes she may. Form DS-117. Give Embassy 3 to 4 months to process. Just to make sure. |
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