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Mother in Law left for China last July.

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  • Mother in Law left for China last July.

    She came in on a IR-5 visa and already has her green card last year. However, after a few months, she was called back to China for some business. It's close to the one year since she's left, and we were wondering what her options are. Of course, the easiest would be for her to come back prior to her one year. We're there any other options she has for staying in China for a little longer?

  • #2
    Originally posted by kwanlau View Post
    She came in on a IR-5 visa and already has her green card last year. However, after a few months, she was called back to China for some business. It's close to the one year since she's left, and we were wondering what her options are. Of course, the easiest would be for her to come back prior to her one year. We're there any other options she has for staying in China for a little longer?
    If she wants to bet on getting SB1, (more than 1 year less than 2 years), she can try but if that gets denied, without a valid reason staying out of the USA for quite some time, it is very very risky. Imagine having to go through another petitioning process.

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    • #3
      Originally posted by kwanlau View Post
      She came in on a IR-5 visa and already has her green card last year. However, after a few months, she was called back to China for some business. It's close to the one year since she's left, and we were wondering what her options are. Of course, the easiest would be for her to come back prior to her one year. We're there any other options she has for staying in China for a little longer?
      Let her come back and apply for Advanced Parole if she wants to stay longer than a year. It's not worth risking it. SB-1 will be denied unless she can proof circumstances beyond her control. Whether you have proven it or not, is up to the person doing the interview at the consulate.
      Not legal advice.

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      • #4
        Originally posted by NettieL View Post
        Let her come back and apply for Advanced Parole if she wants to stay longer than a year. It's not worth risking it. SB-1 will be denied unless she can proof circumstances beyond her control. Whether you have proven it or not, is up to the person doing the interview at the consulate.
        Permanent residents cannot get Advance Parole. You may be thinking of Re-entry Permit.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by newacct View Post
          Permanent residents cannot get Advance Parole. You may be thinking of Re-entry Permit.
          Yes, you're right.

          @kwanlau:

          Because you're mother in law travelled for business, it would not be considered circumstances beyond her control and the fact is, that she will be denied an SB-1 based on that.
          Not legal advice.

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