Asked in Immigration Law

Q: Would I qualify for the SB-1 Visa?

When I was 15, my grandmother (who is my legal guardian) decided that I should stayed in my country against my will, just because I was gay and it affected her minister profIle, I had no one in Honduras and she took all of my papers back to the states in order for me not go back. I'm 23 now, and the legal age that Honduras allows it citizens to travel outside the country is 21(if minor, both parents approval is required and my parents are deceased and my legal guardians are in the states). So right now I've save enough money to go back to the states, but I want to now if my case is a potential qualifier for the Visa SB-1

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2 Lawyer Answers

A: Yes, you may qualify for an SB-1 returning resident visa.

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

Had the status of a lawful permanent resident at the time of departure from the United States;

Departed from the United States with the intention of returning and have not abandoned this intention; and

Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

Hector E. Quiroga
PREMIUM
Answered

A: Maybe. We recommend that you visit the US Embassy in Tegucigalpa and apply. Your circumstances might be such that you’d have success.

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