in this episode we're going to share with you our SB-1 success story walk you through
the facts and the arguments and we're going to show you how to apply for the
SB-1 if you've never done it before and give you some pro tips along the way let's get started
Hi, this is Joseph Tsang and I'm the managing partner here at Tsang & Associates, where we solve
legal problems with creative solutions. The SB-1 visa is made for green card holders who have been
outside of the U.S. for over a year and technically they may have already abandoned their green card
so now they have to go before the consulate and prove no no no i did not abandon my green card
here are the reasons why, please give me an SB-1 visa so I can return home to the United States.
Now because every consulate has very detailed instructions on how to apply for the SB-1 visa at
their specific port i'm not going to spend a lot of time in this video talking about what to do and
how to do it if you got your green card overseas at the consulate it's very similar procedure you
fill out the form 117 form 260 form you provide your passport picture you provide documentation
you go in for two interviews if they deemed you approved then they'll give you the visa
and you fly to the U.S. right so that's the overall general scope now how do you prepare for this SB-1
interview how do you prepare your arguments let me share a success story with you before
we get into the story as a quick disclaimer we changed the name and the consulate to preserve
the confidentiality of the client but otherwise we kept the facts and the arguments intact so you can
see how we made the argument before the consulate to prove the SB-1 case okay let's get into it miss
lin is a green card holder that left the United States for over two years because she had to
take care of her mother who was gravely ill she contacted us because she wanted to come back to
the United States after her mother recovered and she needed to apply for a SB-1 visa so this is what
we did and these are arguments that we use so here are the arguments that we employ to prove to the
consulate that she did not abandon her green card first even though she left for over two years we
argued that it was short and it was temporary in nature because she went for the specific purpose
of caring for her gravely ill mother and after the illness was cured then she promptly returned to
the u.s or planned is planning to return to the U.S. right the second argument we employed which
is probably the most important one was we focused on how she got her green card before she left the
country right so she was an EB-1A recipient she was an amazing talented extraordinary researcher
and so of course she didn't abandon her green card because she was publishing all these papers before
she left she continued to do those research even while she was caring for her ailing mother and now
she wants to come back to continue to do what she intended to do when she got her green card
we also put a footnote and by the way officer if her SB-1 visa was denied she would just apply for
the EB-1A again with premium processing it would just be a big time and resource drain for her
and for the government and the third argument we employed was just her history she worked
in the U.S. for eight years before going back to take care of her mother she didn't just get her
green card and immediately left she had roots she had friends she had a family in the u.s so
of course she didn't abandon her green card look at everything right so ms lin told us that when
she went to the interview and furnished all of these arguments and provided all these documents
the officer asked all the same questions that we practiced a couple times before she went
and it went very smoothly and this was hugely different compared to all the people that I
interviewed before her everybody else was denied on the spot and the interviews were much shorter
but when she went the officer was polite was very respectful even though she wasn't approved on the
spot it was soon approved after and so she was very thankful and we're very happy to share this
good news with you but you really want to focus on the key documents and not just be generic like
you know personal opinion i did not abandon my green card show the officer why how and the reason
why you left and show how it's temporary in nature and you couldn't control it and you really have
roots back in your home country in the U.S. and how you are ready to go back all right so that's our
SB-1 video all right so that's our SB-1 video it's just one among many ways on how green card holders
can come back to the U.S. and prove you did not abandon your green card i know because of the
pandemic and kovat a lot of people left the us in 2019 or 2020 and they couldn't come back
and they've been outside for over a year and maybe in 2021 they might have to be out for a whole year
as well so if you're one of these situations where you're a green card holder and you've been outside
for one year two years or three years or more please don't lose hope if with a good officer
and the right documentation you may still be allowed into the U.S. I hope these videos help
and this video was focused on the SB-1 and we're going to go into more videos on how you can come
into the U.S. If you have any questions feel free to reach out we'd love talking to you. Take care, bye!