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  • Questions about SB-1

    Hey everyone!

    I am not in India, but in Russia, but I thought I'd ask here anyway.

    I am a permanent US resident, and have been since 2000. For the last year I have been in Russia though, and due to circumstances I ended up staying longer than one year. I have applied for the SB-1 visa and have an interview soon. I have a few questions though.

    First, I have a son who is almost one who was born here. I was told that he wouldn't need a visa to the US as long as he is under 2 years of age and as long as it is his and my first trip back to the US. Both of those things would apply, but I'm not sure if they still apply since I don't have my green card anymore? Are thing different with the SB-1 visa? Does he need a visa now as well?

    Second, once I (hopefully) receive the visa, am I required to stay in the US for a while? Or could I just go back for a week and then return to Russia? Basically, my question is what do I have to do once I return to the US to get my green card back?

    Also, my reason for staying over a year is a bit complicated but maybe one of you could make a wild guess about my chances of getting the visa? I had planned to return to the US after an 11 months stay in Russia, together with my husband. My husband is Russian, but was supposed to go work in the US (he is a circus artist). His work visa was denied and he couldn't go. Our son is only written into his passport, and I wasn't sure that I could leave without having him written into mine. I asked a US embassy official (in person) if I would be able to leave with my son with just his birth certificate and was told that I could indeed do that.
    Well, long story short, at the airport, the border officials informed me that I would be left out of the country, but not my son. Since my son is breastfed, I was not willing to leave him behind. That was a few days before my allowed year out of the country was over. I'm not sure if "I didn't want to leave my baby" would be a good enough reason to stay though. Any ideas?

    Thanks so much in advance!!

    Olesja

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