Humanitarian parole

[Sharon]

Hi

I have been searching the web to try and help Susie get her son to the USA ASAP

The www.uscis.gov web site gives information but it appears to be very hard to get. It is a temporary visa for a max of one year and will take 60-90 days to get. Sue need help now so can anyone find out if there is another way to get him here sooner

If anyone finds other information that may help in an emergency please let me know.

Sue will have to pay approx $170 and fill in various forms which seem a bit complicated to me, let alone how she is feeling at the moment

I find it so hard to understand that her son has been in the queing system for years and has to go right back to the begining of the que just because her husband has died. Surely he should jump straight to the top of the queue

How would any of us feel if we were in a simular position? My husband is the main E visa holder and owns the USA business. I would not be surpised if my husband died does that mean I would have to leave the USA?

[Kriz1]

As far as I know..if he is the main holder of the visa..you will have to leave..

The USA is an unfair country a lot of ways..a lot of changes need to be made..but Brits come here on visa's where most will never get a vote..

[floridapete]

"How would any of us feel if we were in a simular position? My husband is the main E visa holder and owns the USA business. I would not be surprised if my husband died does that mean I would have to leave the USA?"

Do you remember the group of British wives and mothers whose husbands were killed in the 9/11 WTC tragedy ? Their men were all working for a British owned trading house at the top of one of the towers.

Within 14 days the IRS (back then) had identified them and told them that, since their Visa holder husbands were now deceased, they needed to vacate the USA - even though they had lived there for years and had children who were US citizens by birth?

This was the 'heart of America' at work again !

This placed those grieving young widows and mothers in a ridiculous dillemma as they were fighting to keep their New Jersey homes, their kids in school, their husbands estates - and having to fight the INS at the same time to get to stay in the USA and continue with their well-established lives.

The story was told in a Mail on Sunday magazine article over here a few months back. It told how it took over one year of heartache (beyond their own personal losses) and with the support and strength of their neighbourhood and church communities, to get the INS to review their situation and make some kind of 'compassionate' provision for their special and unique situations.

I forget the actual fine detail but, at one stage, when the mothers pointed out that their children were US citizens by birth, even though the mothers were not, the INS said "fine, just leave the children behind when you leave the USA !". I think that there was some talk about taking the kids into care !

But there must have been some solution to these several cases - or the article would not have had a 'happy' ending.

But how 'happy' can an ending be in a country which clearly demonstrates that everything is black or white - there are no 'shades of grey' in the American governmental mindset ?

[Kriz1]

Having a US born child does not give YOU rights to stay in the USA..but many get away with using it as such..by having anchor babies..this is also an unfair part of the system...because not everyone can get away with having a baby to stay here...
This is an interesting piece to read on the subject..

http://idexer.com/citizenship.htm

You can follow the link at the top of the page to the home page and a blog that is interesting too..

[DavidL]

Hi

I have been searching the web to try and help Susie get her son to the USA ASAP

The www.uscis.gov web site gives information but it appears to be very hard to get. It is a temporary visa for a max of one year and will take 60-90 days to get. Sue need help now so can anyone find out if there is another way to get him here sooner

If anyone finds other information that may help in an emergency please let me know.

Sue will have to pay approx $170 and fill in various forms which seem a bit complicated to me, let alone how she is feeling at the moment

I find it so hard to understand that her son has been in the queing system for years and has to go right back to the begining of the que just because her husband has died. Surely he should jump straight to the top of the queue

How would any of us feel if we were in a simular position? My husband is the main E visa holder and owns the USA business. I would not be surpised if my husband died does that mean I would have to leave the USA?

No, your I-94 dictates your length of stay here, not your visa.

[Kriz1]

So you can stay....but how would you live if the company is not in your name..can you buy it..can you take it over...can you buy something else here in your name..can you live here on a 1-94 until you have no money left..?
What if you want to take him back to the UK to lay to rest because you know the USA will never be your home...can you come back into the country..or will someone else have to come over and take him back...?

[JulieC]

Pete, those cases of L2 and H4s threatened with deportation after the twin towers attacks changed the law.
See below.
Title four, Subtitle C - Preservation of Immigration Benefits for Victims of Terrorism. Section 423. Humanitarian Relief for Certain Surviving Spouses and Children.

Current law provides that an alien who was the spouse of a United States Citizen for two years or longer prior to the death of the citizen, is still eligible for immigrant status an an immediate relative. This would also be applicable to the children of that alien as well. Section 423, though, provides that if the citizen was the direct result of the terrorist attacks of September 11, 2001, then the two year requirement will be waived.

An alien spouse or an alien child or an alien unmarried son or daughter who had been the beneficiary of an immigrant visa petition filed by a permanent resident (a Green Card holder), who had died as a direct result of the September 11, 2001 terrorist attacks, will still be eligible for permanent residence (to obtain their "Green Card.") These aliens could be eligible for deferred action and a work permit.

An alien spouse, and alien child or an alien unmarried adult son or daughter who was in the United States on September 11, 2001, but had not had an immigrant visa petition filed on their behalf yet, can self-petition (that is file a petition on their own behalf) for permanent residence if their relative was killed as a direct result of the terrorist attacks of September 11, 2001. These aliens, too, could be eligible for deferred action and a work permit.

Section 423 also provides that an alien spouse or an alien child of an alien who had both died as a direct result of the terrorist attacks and was a permanent resident (petitioned for by an employer) or an applicant for adjustment of status for an employment based immigrant visa, may have his or her application for adjustment adjudicated despite that aliens death. Again, this is only if the application was filed before the aliens death.

Finally, Section 423 states that the grounds of inadmissibility related to the possibility that the alien may become a public charge (the necessity for an application of support) will not apply to an applicant for permanent residency under this section.

An ordinary L2 or H4 whose husband dies not in the course of terrorism is given a grace period to leave, I am not sure having an 1-94 helps.

[Ron]

So you can stay....but how would you live if the company is not in your name..can you buy it..can you take it over...can you buy something else here in your name..can you live here on a 1-94 until you have no money left..?
What if you want to take him back to the UK to lay to rest because you know the USA will never be your home...can you come back into the country..or will someone else have to come over and take him back...?


Hello

It is my understanding that anything owned that is recorded or registered to an individual is a benefit so the US will want tax dollars when the person dies.

If assets are in joint names then beleive the surviving spouse will not have to pay taxes on these assets

Think this needs looking into as many are living in the US whether on L, E , LPR or in some sort of change of status. They are still classed as residing in the USA for taxation purposes.

This is just imho does anyone know more about this?

[Kriz1]

A lot of things are coming to light no-one has thought about..I was just talking to a friend online..she was in chat with a lady with a problem..they are on E2 her husband owns the company..she looks after the kids at home..he has now dropped a bombshell..he is leaving her for some young girl who works for him..he told his wife if she thinks anything of their kids future she should go home and let him marry this girl..have you heard anything like it before...

[DavidL]

A lot of things are coming to light no-one has thought about..I was just talking to a friend online..she was in chat with a lady with a problem..they are on E2 her husband owns the company..she looks after the kids at home..he has now dropped a bombshell..he is leaving her for some young girl who works for him..he told his wife if she thinks anything of their kids future she should go home and let him marry this girl..have you heard anything like it before...

There are many scenarios out there which could potentially revoke a visa status and this is one of them. Perhaps the soon to be ex-wife should find a USC 'younger bloke.' I find that almost every problem/situation in life can be worked around, but some take more time, effort & money than others.

[floridapete]

Well, yes I have !

Couple come to Florida to set up a management company. He is into Harley's so he buys one. But he forgot to buy any medical insurance for the family !

He is out racing around the Kissimmee country side (Old Lake Wilson Road. for those who know it) which is rather like a roller coaster with hills and dips. So he doesn't see a lady doing a three point turn in the middle of the road on the blind side of the hill. He hits her car at speed - then spins off into a nearby field messing up his leg in the process.

So he ends up in hospital with serious leg injuries - but with no insurance !

Meanwhile wife is going spare over his health - and the spiralling costs of treatment. The Brit community in Kissimmee have a 'whip-round' to try to help out.

Eventually, he decides that the best way to get this sorted is to go home to the good old NHS. Once back he gets fixed up with an artificial leg and ongoing treatment. But he spent so long back in the UK that he meets 'someone else'. So he tells wifey back in Kissimmee that he 'wants out' of the marraige and the management company, and by the way, he wants half of the value of the house they bought over there, and half of the value of the business too !

Wifey doesn't want to go back to the UK so she has to find the money to pay off the husband (I assume that she was an E2 visa holder with husband, otherwise she would not have been able to stay if he was the sole visa holder). But, otherwise, if he had been holding the visa - she would have had to leave the USA !

Anyway, it was all a hell of a mess - all over a bike-mad husband.

Last I heard the wife had continued with the management business, was doing OK, had met another guy in Florida and was paying off the husband.

But don't some people live complicated lives, huh ? ;)

[chris]

I've been following this thread and I'm a little confused by some of the information. I'm confused by how long Sie's son is waiting in line at the Embassy. Waiting for what? What type of visa are we talking about here? She wants him to come over urgently, so why are we discussing 60-90 days wait times?
If the reason is for the bereavement, then Visa Waiver is the most obvious, but you are stuck with 90 days and no extension. A B1 visa should be able to be issued urgently for bereavement purposes and would allow the sone to stay for , I believe up to 6 months. I guess the company will be tied up in probate at present and that takes time. Also that B1 visa could be converted to E2 status with CIS if that's what the son wants to do. I would have thought that somewhere within the inheritance arrangements, the son could benefit from the business which would then form the basis for a formal petition at the Embassy. I guess what I'm saying is that are we looking for a permanent solution or a sticking plaster?
Chris

[JulieC]

It is complicated Chris. Gavin was following on, as he was in University in the UK when his mom, dad and brothers were on L1 and then adjusting status to green card. Susie believed and was told his position would be protected by the child protection act and he would get the green card with the brothers, he did not. I believe Ian must then have been sponsorring him as an umnarried son over 21 and that petition died with him. There has also been an L1A petition for the son which was approved in Texas and then denied in London, At the moment he is only able to get visa waiver and has had 5 and a half months this year so does not believe he will get in again. He applied for B2 which yes would have allowed him to change status internally but was denied. I think this is right, if I have some points wrong perhaps Susie will forgive me. I think you are talking about some of the business being sold to him so he could get E2, Chris. The problem is the major problem with E2s in London and the fact that as he cant ger B2 he cant change status internally, That is even supposing everything wasnt frozen and Susie wished to do this in view of the fact she has two other children.

Pete, I know who you are talking about, still going strong. The problem comes when the wife in this situation isnt an E2 holder as I presume this lady was but is a dependant. The depandant spouse being able to work legislation has made it more and more common for the wife not to have her own visa and puts her in an invidiious position if hubbie dies or decides he wants a divorce. Be careful out there!

[Kitty]

Hi Julie

You have almost got it right but;

Ian applied for I 485 for himself and their youngest son as they were already in the USA. You cannot file an I 485 for spouse or minor children if they stay in home country but wish to register their intent to immigrate

The application form I 485 still says ( even now)

If you have a minor child or spouse abroad who is to follow to join then file and I 824 for them.

This was done at the same time as the I 485 for Ian and youngest son and son was under 21years at this time.

The CSPA is complicated and not retro active, except under a limited exception

Her son falls into the limited exception as a petition was filed before he was 21 years old and pending at the enactment of the CSPA with no final determination

Sue, if I am wrong please correct me but am sure this is what went on

It appears the I 824 got separated (in error) from Ians file and worked independently so denied

[chris]

It really sounds like bureaucracy with a big heart doesn't it. If commonsense were ever to prevail in this country, you would think that someone would think ... son completeing university education ... degree.... qualifies individual for our quality jobs and make a +ve contribution in the USA + coupled with the sad situation of his fathers sudden death in the middle of a petition. Come on America, do the decent thing...please
If ever there was a time for UK VIsa holders to band together for something then surely this is one fo them. Surely if enough people brought this sad situation to the notice of the powers that be, I am sure that officials would be sufficiently embarrassed to do only the right thing.
Or I am being simplistic and naieve?
Chris

[Kriz1]

This country is unfair...I'm learning more and more that its just luck if anyone helps you...and even then it mostly falls on deaf ears..right now we have to understand that millions of illegals will get greencards..will carry on speaking spanish and not have to learn English..but people on E2s will have the worries they have now for goodness knows how long...and in 6 years time when the USA has 20 million more Illegals...they will end up giving them greencards too....America is for the quick fix..the live for today..pass the problem on ..I'm all right jacks...every day I see more and more unfair things going on around me..and most Americans seem happy with it..

[JulieC]

Commonsense and humanitarian arent words which immediately come to mind when describing US immigration, rule book , rule book!

[Allan Oakley]

Not to mention Parole. That's what happens to criminals. I can assure you that term itself is confusing to Americans. it is an Emergecy Humanitarian Visa concession. Rarely given but is at times based on true and factual need.