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Law Educator, Esq.
Law Educator, Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 122540
Experiencia:  El abogado autorizado de los E.E.U.U. calificó en todas las áreas de la ley.
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Good Moorning:I want to present my case, in 2001 i got

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Good Moorning: I want to present my case, in 2001 i got my green card as my dad is an american citizen, the thing is i had to leave the us cause my girlfriend was expecting my child outside of the usa, so i have to leave and as i got a job never could come back to the us, right now we would like to come back ive been reading ábout it i do not know if can try the reentry and sb1 or is it another way, im 35 years old my status change i was single right now im married with two kids, we all would come back to the states if it can be done at all also i don't have a criminal record, completely clean. Please could u advise me how to proceed. Many Thanx and best regards. Hugo

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.IF you were gone from the US more than 1-2 years, then you can try to file the SB-1 together with the DS-117 and your I-551 and try to convince the immigration officer at the consulate that your departure was with the intent to return in time, but for good cause you were unable to return. It is possible that you having to care for your child would be good cause.However, you need to worry about getting your own status back first before you try to get your spouse and child a visa. If they deny your SB-1, then at that time you have to file from the beginning for a new visa and you would then be able to file for you, your spouse and child. However, on the SB-1, you just need to file for yourself and get that approved and then file your wife and child after it is approved.
Cliente: escribió hace 2 años.

Thank u for ur help i really appreciate for ur kind help, its been 14 year since i left the us i always wanted to return but have to take care for my daughter first and then my son i got married and find a job. Now im ready to return for good but i dont know how to approach it, how should i proceed with in the best way so i can regain my green card status.

i really appreciate all the help i can get.

Look forward to hear from u.


Thank you for your reply.Unfortunately, after 14 years, they are not likely going to approve the SB-1. You are going to now have to apply for your visa from scratch together with your spouse. In the meantime, if you can find an employer willing to sponsor you to come to the US on an H1-B or some other type of employment visa while you work towards your green card status you can do that as well. The SB-1 would not be available to you though after absence for 14 years.
Cliente: escribió hace 2 años.

But im still have my dad who is an american citizen who lives there isnt that a help in order to get approval for the return sb1 ¿? or maybe he has to go throug the same thing of 2001 for the i551 but no im no 20 years old like i was back in those days.



thank you for your reply.Just recently they have approved an expedited process for you if your father is a US Citizen and that is the F-4 visa process, so you can file for the F-4 visa which is an expedited process and once you obtain the F-4 visa you can then apply for your spouse.
Cliente: escribió hace 2 años.

thank u so much for ur help

with the f4 visa process will i be able to regain my green card status¿?

Thank you for your reply.Yes, under the F4 visa you can regain your green card status upon approval.
Cliente: escribió hace 2 años.

Will i resume my status or will have to wait for long time also do u know how long it takes for the f4 to be aproveed¿?.

So by ur expertise dont think i should have a problem right¿?,


Thank you for your reply.You would get all new status from the F-4 application. You would not go back to your previous date. It would be new status and it is expedited under the new law and it should take about 6-10 months.
Cliente: escribió hace 2 años.

ok whats the paperwork to do for the f4¿? do i have to be in the us¿? cause im outside in spain, so its my wife and my kids


Here is all of the information on the F-4 visa for you: http://travel.state.gov/content/visas/en/immigrate/family/family-preference.html
Cliente: escribió hace 2 años.

thank as i am reading i would be f3 not f4 right¿? married son ¿?

Thank you for your reply.If you are including your spouse it would be the F-3
Cliente: escribió hace 2 años.

thanx for ur reply

lmy dad has to fill first for f4 for me and then after i get my green card i would have to fill f3 for my wife and my kids could this all be done from outside of us im in spain¿? how should we procede¿

Thank you for your reply.Right, your dad fills out the F-4 then you file the F-3 and you can do it from Spain through the US Consulate there. The instructions are at the link I provided you.
Cliente: escribió hace 2 años.

ok i will read the file u have given me and will procede as ur instructions cause there no chance for the sb1 right it would be a waste of money they will denie it ¿?

thank u so much for ur help much appreciate

Thank you for your reply.It has been too late for the SB-1, since 14 years is too long of an absence. So going for the F-4/F-3 is the best option. Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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Cliente: escribió hace 2 años.

thank u so much for everything

positive feedback sent

Thank you very much.