Returning Resident

[AbdulA]

What is the name of your state? Fl
I'm a citizen of Pakistan. A few years ago my father petitioned on my behalf for an immigration visa. I recieved this about two years ago and moved to the United States. However a decided to return to Pakistan for sometime to finish what was left of my education. Unfortumately I was not aware that I had to return to the US Before one year and ended up staying for just over a year. I checked the US embassy's website in Islamabad and according to it all i needed to was apply for a returning resident visa (SB-1). Well i went all the way over there and was told that i need not apply for it (I was not even eligible anyway). All i had to do was have my father repetition me for a new immigrant visa and I could expect to return to the US within a year. Problem is my father does not seem to get what exactly he has to do. Does he have to repeat the whole thing again. That is file form I-130 again etc. I've checked the from and it doesn't seem to make any provisions for people who were already residents. So what exactly should i do?

 

[evcalyptos]

What is the name of your state? Fl
I'm a citizen of Pakistan. A few years ago my father petitioned on my behalf for an immigration visa. I recieved this about two years ago and moved to the United States. However a decided to return to Pakistan for sometime to finish what was left of my education. Unfortumately I was not aware that I had to return to the US Before one year and ended up staying for just over a year. I checked the US embassy's website in Islamabad and according to it all i needed to was apply for a returning resident visa (SB-1). Well i went all the way over there and was told that i need not apply for it (I was not even eligible anyway). All i had to do was have my father repetition me for a new immigrant visa and I could expect to return to the US within a year. Problem is my father does not seem to get what exactly he has to do. Does he have to repeat the whole thing again. That is file form I-130 again etc. I've checked the from and it doesn't seem to make any provisions for people who were already residents. So what exactly should i do?

You should exactly hire a US immigration attorney to guide you through this. You need to determine exactly how long your were outside the US, but MOST importantly, and if this was related to completing your education, you have a good shot IMO, show that you did not intend to abandon your US residence.

If you would rather spend the money on a plane ticket and gamble, you can simply try to return to the US. If you are challenged, you may find yourself in detention until it gets worked out in front of a judge (in which case you'll need an attorney anyway), so I say find a lawyer who has done cases similar to yours.