Hi everyone,
I'm looking for advice from people who have experience with SB-1 Returning Resident Visas, LPR abandonment, or similar situations.
I became a U.S. permanent resident in 2017 and left the U.S. in May 2019 following the death of my brother.
I briefly returned to the U.S. in 2020, but later left again. I then ended up staying in the Netherlands much longer than originally intended, partly because of COVID. During that time I completed my master's degree in 2022. Shortly afterwards, my father passed away, which was another reason I remained in the Netherlands.
During these years I continued maintaining ties to the U.S. and applying for jobs there. I also tried to get guidance from the U.S. consulate during COVID about my situation, but unfortunately I didn't receive much useful information at the time.
After eventually learning about the SB-1 Returning Resident Visa, I applied at the U.S. Consulate in Frankfurt in January 2026. Unfortunately, my SB-1 was denied.
The written refusal said:
"The information you provided did not show strong enough evidence relating to the extended nature of your visit abroad, therefore the status of returning resident under Sec. 101(a)(27)(A) could not be approved."
During the interview, the officer also focused quite heavily on the fact that I had not filed U.S. tax returns for several years.
I have never signed an I-407, and my Green Card itself is still valid until 2027.
At this point I'm trying to understand what options I may have before making any decisions about giving up my Green Card or pursuing a new immigrant visa.
Has anyone here been in a similar situation, particularly involving:
- a long absence that started before/during COVID;
- an SB-1 denial;
- family circumstances such as a death in the family;
- an unexpired Green Card after several years abroad; or
- questions about U.S. tax returns and LPR status?
I'm planning to speak with an experienced immigration attorney, but I'd really appreciate hearing from anyone who has gone through something similar and what options they explored.
Happy to provide more details about the timeline or the SB-1 interview if helpful. Thanks!