How difficult is to get SB-1 visa ?
I left US in 2008 in Oct, came back in Sept 2009 for a couple of weeks - no problem with the immigration officers at POE. Then, I left again US in Sept 2009 and came back in Sept 2010. Again no problem with the immigration officers at POE. In 2010 I was told I had a liver chronic illness (cirrhosis) and started a treatment. Then, in Sept 2010 I tried to came back for resuming my residence in US. Came in US but I could not stay there because my illness had obvious symptoms (encephalopathy and mental confusion). Since my niece in US was in vacation in Europe and not having a place to go I decided to go back in my native country to continue the treatment I was prescribed and postponed the resuming the Permanent Residence. Hoped that in a month or two I would be able to return in US. My health was badly deteriorated all this time and I needed hospitalization in 2011. My doctor recommended me not to travel anywhere knowing the risks involved by a move like this. After hospitalization, when the encephalopathy was stopped I realized that it had gone more than 1 year after the last departure from US. I learned that SB-1 visa could resolve this situation. Meanwhile, my doctor advised me that my illness is stabilized and I could travel. So, I am asking, is this a good reason to ask for SB-1 ? I mention that I have medical documents, blood works, ultrasounds, doctor's observation, everything... I am willing to undergo any medical consultation to prove my situation.
Also, I have to mention that my original departure from US in 2008 had personal reasons (separation, divorce, taking care of my parents). I just intended to stay out of US not more that 1 year.
What do you think?
2 Answers from Attorneys
SB-1 visas are difficult but not impossible to obtain. If you are able to document the above and present a well put together application for the SB-1, you would have a reasonable chance of having it granted.
If I can be of further assistance please let me know.
The scenario you present appears to present a well-founded basis to make application. These are generally based on very subjective criteria, and as mentioned above, difficult to get. You should retain an immigration attorney to assist you in preparing the package and application.
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