My mother has a green card between 2014 and 2024. She travelled a few times between 2014 - 2017 but has been unable to travel after 2017 due to medical issues. In Dec 2021 I took her to Mumbai consulate for a returning resident SB-1 visa and even after explaining the circumstances and providing documentary evidence her returning resident visa was denied. What are my options at this time?
- Can I apply for a visitor visa and then when she is in the US restart a fresh green card application?
- Are there any other options?
If the person hold immigrant status/LPR in past, it might be difficult to get a non-immigrant visa like B2 after denial of SB-1. The DHS/USCIS expects that the person will reapply for immigrant visa (GC) using the same basis and under the same category (parent of US citizen) by which he/she immigrated originally.
That said, if you decide to apply for B2 for your mother, and if it is approved, make sure you file for her GC after 90 days of her entry to the US or else the application may get denied.
I would suggest hiring a good immigration lawyer if you apply for her green card again after she enters on B2.
Applying for B2 and/or restarting her green card process seems the only options.