Article 2 on Humanitarian Compassionate Visa: Help and Advice Please!

[Munish]

Okay, with the article on nonimmigrant children aging out close to completion, we're ready to start the second discussion for natural continuity, i.e. the need for a compassionate visa on humanitarian grounds.

I am quoting extract's from Susie's letters on this thread so the issues are more clearly understood for disussion and comments can be made in light of those with ideas for improvement etc.

[Munish]

Urgent humanitarian Compassionate Visa

Why must red tape interfere with the spirit of the law?

Landlocked in the USA–Visa renewals.– emergency travel needed

When renewing visa’s or in adjustment of status, such as the E or L visa’s or marriage to a USC, technically the applicant is landlocked in the USA until approved. An advanced parole travel document (not always applicable) can take months to obtain. Since 911 and due to recent visa scammers the American embassy in London is taking many month’s to adjudicate cases and need more staff to reduce the backlogs.

Should an emergency arise such as a relative was diagnosed terminal or in a car crash the applicant would need to travel without delay. Although the applicant can return to their home country, without visa approval, they would put themselves out of status and would only be allowed to return to the USA on the visa waiver program. They would not be
allowed to resume working or earning a salary and technically only be allowed to remain in the USA for up to 90 days.

Subject to documentary evidence, such as a doctors letter, should enable the applicant to walk into a sub office or American consulate and a compassion visa could be stamped in their passport which would allow applicant to return to the USA and continue to oversee their business and not put themselves out of status.

Death of petitioner– Compassion needed on humanitarian grounds- Inherit Visa

Many invest large sums of money into the USA, start or purchase a business and employ USC and LPR’s. These investors mainly obtain an E visa and spouse dependant E visa. If the main visa holder passes away the dependant’s visa is cancelled with immediate effect. The spouse's work authorization is cancelled and can no longer work, they have to bury their partner, go to probate, sell the business, sell their home and leave the USA. The spouse can inherit the business but not the visa status. We ask for compassion so the spouse be allowed to inherit the visa status so they may continue to reside and work in the USA should they choose to do so.

If a petitioner is in the process or applying for a green card and passes away again the case dies with the petitioner. In a recent case the petitioning husband passed away. The husband, wife and two of the three children’s green cards had been approved. The remaining child’s application was still waiting approval when his father passed. This child case closed the day the father died. We ask that a compassionate green card be granted in such cases, again subject to documentary evidence and good moral character.

[Munish]

Compassionate Case examples

Case No 1.

Whilst Lorraine was waiting for her L visa renewal her grandfather was dying. Her immigration attorney did not advise she would need a travel document so was unable to travel and had to say good bye to him over a cell phone . Lorraine sent a taped recorded message to be played at his funeral. Three weeks later her 38 years old sister was diagnosed terminal fortunately with a assistance from expatsvoice managed to get her approval with days to spare.

Case No 2.

Ian was the petitioner for his wife and three children. All but one child was approved for their green card. Due to errors and delays one child aged out despite the CSPA. The child was under 21 years at the enactment of the CSPA with paper work pending at that date. The child has waited 6 years to follow to join his family when Ian was diagnosed terminal and passed within a couple of weeks. The case died with the petitioner so appears the LPR mother may have to start a new petition as child is now over 21years will take up to ten years.

As the child was abroad and was needed in the USA to help with probate and find a final resting place for his fathers remains in the USA for approximately 6 months applied for a B visa which was denied even though Congressman’s Weldon’s office sent an e-mail of support in this compassionate case directly to Mr. Caulfield at the American embassy in London.

Case No 3.

Jane’s husband invested a substantial amount into the USA and purchased a business. He obtained and E visa, employed staff and was expanding the business when sadly he was diagnosed terminal. The day he passed his wife’s work authorization and status was cancelled. She had to bury her husband, go to probate, sell the business, sell her home and leave the USA. She can inherit the business but not the visa status. It may have been possible to apply for a visa but would take many months and at such an emotional time could not think clearly nor earn any money in the interim to feed herself therefore had no option but to leave the USA.

[Munish]

A compassionate visa is also needed on a case by case basis subject to documentary evidence. Our site is growing daily and have members in various states with issues or problems.

[Munish]

Note to self... See sections 531 - 545 (Title V, subtitle B) of the Strive Act at http://www.govtrack.us/congress/billtext.xpd?bill=h110-1645 regarding special treatment in case of natural disasters.

[Susie]

Hi Mum

The Strive (as you know) has not been passed and who knows may not even get passed into law

So with that said, even if the Strive act is passed, the criteria for granting humanitarian reasons must be a state of emergency or disaster. So even if the Strive act is passed I do not feel this will help if a petitioner just passes away

[Munish]

Yes, you're right. However, I may use that as an example to ask why Humanitarian visas are so limited.

By the way if any one knows of equivalent compassionate visas on other major countries, that would be good to know.

[Susie]

Hi

Just so you know there is currently a humanitarian visa available. The problem is

For example, you are currently in the USA on the VWP and a family member is seriously injured in a crash or diagnosed terminal

You cannot stay in the US and apply for this visa, you have to go back to home country to apply. The application cost is around $300 and wait time is up to 90 days, Now we all know about wait times, this approval could take a lot longer

This visa is approved by The Dept of State, and amount of time given could be weeks to a max of one year with no provision to extend this visa

Look at this example

E visa holder (or any other visa type holder)is dianosed terminal , the close family members in th UK would just want to jump on a plane and not even think about a visa

Even if they did think to apply for a B visa , this would be denied (immigrant intent!!) as section 214 of the INA states # every applicant shall be deemed an immigrant until such times as they prove to the consulars officers satisfaction they are not #

So they arrive and can stay for 90 days, then have to leave. No one can put a time limit on someone who is terminal. This could be less than 90 days to whenever.

Also just because the loved one has passed, the family still need to be together for a following 6 months at least to help with probate and other legal issues

Yet, when the main visa holder dies, the spouse work autho is cancelled, and as I have stated before the spouse can inherit the business, pay tax on the biz, bury their partner, go to probate yet have to leave the us straight away

[Munish]

Susie, do you know what name of the Compassionate Visitor Visa is or what section of the INA applies? All I can find is this link an attempted bill at http://www.govtrack.us/congress/bill.xpd?bill=h109-900

[Susie]

Hi Mun


Here is the information



http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b04596981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=828807b03d92b010VgnVCM10000045f3d6a1 RCRD

Humanitarian Parole

What is Humanitarian Parole?

The Secretary of the Department of Homeland Security may, in his discretion, parole into the United States temporarily, under such conditions as he may prescribe on a case-by-case basis, for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the United States.

Humanitarian Parole cannot be used to circumvent normal visa-issuing procedures, nor as an instrument to bypass preference immigrant visa availability or processing for refugee status. Parole is an extraordinary measure, sparingly used to bring an otherwise inadmissible alien into the United States for a temporary period of time due to a very compelling emergency.

Note that Humanitarian Parole can only be requested for persons who are outside of the U.S. Requests for Humanitarian Parole must be submitted to the the following address:

Department of Homeland Security
425 I Street, NW
ATTN: Parole and Humanitarian Assistance Branch
Washington, DC 20536


Aliens in Canada must submit Form I-131, Application for Travel Document to the Director of the office that has jurisdiction over the area where the alien intends to enter the United States.


A request for humanitarian parole may be submitted by anyone and should be submitted on Form I-131, Application for Travel Document . There is a filing fee for filing applications for humanitarian parole. Additionally, Form I-134, Affidavit of Support, is also needed to assure that applicant will not become a public charge. A parole request should include information which is specific, verifiable and complete. Evidence of the claimed circumstances should also be enclosed.



Guidelines for preparing and submitting application packages for humanitarian parole

APPLICATION PACKAGE SHOULD CONTAIN ALL OF THE FOLLOWING:

1. INFORMATION ON EACH PROSPECTIVE PAROLEE

Provide information on EACH prospective parolee; this should include:
a. Complete name, date, and place of birth of the prospective parolee.

b. The prospective parolee's occupation and current address abroad.

c. The prospective parolee's relationship to his/her Sponsor.

d. The length of time for which parole is requested. (REMINDER: Parole is limited to a maximum time of 1 year).

A fee (in the form of a cashier's check. NOTE: personal checks are not accepted).
Completed Form I-131, Application for Travel Document for each prospective parolee.


2. INFORMATION ON THE SPONSOR

Provide information about the sponsor of the prospective parolee(s); this should include:
a. Complete name, date, and place of birth of the Sponsor
b. Indication of sponsor's United States citizenship or immigration status.
c. Sponsor's full and complete current address.
d. Sponsor's occupation
e. Statement of why a U.S. visa cannot be obtained instead of having to apply for humanitarian parole, including when and where attempts were made to obtain visas.
f. Statement of why a waiver of excludability cannot be obtained, including when and where a waiver was sought.
g. Copies of any approved visa petitions for the sponsor (Form I-171)
h. Evidence of relationship between the sponsor and the prospective parolee.
i. Statement of emergent (urgent) reasons why a parole should be authorized. (i.e. documentation verifying medical condition, letter from treating physician etc.)
j. Statement of how, and by whom, medical care, housing, transportation and other subsistence needs will be met for each prospective parolee.

Completed Form I-134, Affidavit of Support for each parolee.


Important Notes

Applications cannot be processed until all documentation has been received.
All supporting documentation must be included with the application at the time it is submitted to the USCIS.
The applications should be mailed directly to the following address:
Department of Homeland Security
425 I St., N.W.
ATTN: Parole and Humanitarian Assistance Branch
Washington, DC 20536


Frequently Asked Questions

Where can I find the law?
The legal foundation for Humanitarian Parole comes from the Immigration and Nationality Act (INA). INA 212(d) (5) (A). INA 212 states that the Attorney General (this authority was transferred to the Secretary of DHS) in his discretion may parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.

Where do I file a request for humanitarian parole?

Department of Homeland Security
425 I St., N.W.
ATTN: Parole and Humanitarian Assistance Branch
Washington, DC 20536

How long does it take to adjudicate an application?
Parole applications are generally adjudicated within 60 - 90 business days.

How can I find out the status of my application?
To check the status of your application, please contact the Parole and Humanitarian Assistance Branch, Washington, D.C. directly in writing. Please provide them with specific information about your application.

Can Humanitarian Parole applications be adjudicated for individuals currently in the United States?
Request for humanitarian parole can only be accepted for individuals who are currently outside of the United States. (See our Web page on Advance Parole)

What types of Humanitarian Parole cases are adjudicated at the Parole and Humanitarian Assistance Branch?
The Parole and Humanitarian Assistance Branch adjudicates all requests for humanitarian parole.

How will I be notified if my request is approved?
If you are the petitioner, you will receive a written notice once your application has been adjudicated.

How long are Humanitarian Paroles approved for?
Humanitarian paroles are granted for a period of time to coincide with the duration of the emergency or humanitarian situation that forms the basis for the request. There is a maximum time limit of 1 year.

Who can file an application for humanitarian parole?
Anyone can file an application for humanitarian parole to include the prospective parolee, a sponsoring relative, an attorney (G-28 must be included), or any other interested individual or organization.

What can I do if my case is not approved?
The denial of a request for humanitarian parole is a discretionary determination based upon a comprehensive review of all of the circumstances in each case, as presented in the documentation. There is no statutory provision for appeal. If there are new facts that you would like considered however, a new submission may be sent to the Parole and Humanitarian Assistance Branch as a new case for consideration, with a new filing fee.

Where can I receive forms for filing a Humanitarian Parole?
USCIS Form I-131 (Application for Travel Document and I-134, Affidavit of Support, can be requested online or ordered by calling USCIS Forms request line at 1 (800) 870-3676 or by submitting a request through the forms by mail system. After receiving Forms I-131 and I-134, read them carefully and note the documentation that must be submitted. Detailed information is provided in the instructions for Forms I-131 and I-134.

[britcan]

What about a compassionate visa in these circumstances...
E2 visa holders parents still live in UK/overseas- one of the parents dies- sole remaining parent in UK/overseas- why can't they have a visa linked to E2 on basis that the E2 person does'nt want to think of their parent/relative overseas by themselves?

[Sharon]

Yes Britcan that is also a reason to approve a compassionate visa

[anniefromessex]

Sorry, but what about L Visa holders, this still applies to them also as I found to my cost!!! Without all the other problems I was having to contend with, because our case was in appeal and as per usual because our Visa Consultant wasn't doing his job properly and had told us it takes 3 months to get Parole, (Christ, you would think I had committed a murder), I had to put myself out of status because my Mum was dying - I felt like saying to her don't die just yet Mum cos this country doesn't understand family ties and love so if you can just hang on in there for the next few months, doesn't matter that you are fighting for each breath, that every bone in your body aches, that you are ready to go but I'm not allowed out of this godforsaken country because of their rules and regulations and it means that for the next year or 18 months I will have to jump through their hoops time and again, but I really want to be with you when you die, it's bad enough that I left you to come here but at least give me the satisfaction of being with you when you die!!!!

That is the sort of sh.. they put you through because of their inhumane ways, and Munish I beseech you to really put this thing together so other people do not have to go through what we are all having to go through now.

This is not just about E-2ers, it is about us all who ever wanted to live the American Dream.

Love Anniexxx

[Susie]

Hi Annie and Britcan

If we do manage to obtain a compassionate visa this would cover most cases. If any of us have an emergency, whether living in the UK and need to travel to the US or vise versa we should just be able to jump on a plane.

Once reunited with loved ones we should either be able to attend the American consulate abroad or a sub office in the USA or see immigration officers at nay US airport with documentary eveidence of the need to travel and stay. To me this would be simple, quick interview with officer followed by a rubber stamp in our passports saying #CV# valid for 6 months.


Should it be necessary to extend longer than 6 months, subject to documentary eveidence a further 6 months could be stamped in our passports


When my L2 had expired I had an adjustment of status pending and had applied for advanced parole. The application took 8 months to be approved and although no one could stop mew leaving the USA I would have lost my status and have to re enter the US on the WVP.


Thank goodness my close family members and only remaining son in the UK did not become ill or involved in a car accident. What really bugs me is that the advanced parole is only valid for 12 months. You cannot renew it until the first one has expired and then have to wait for even more months to pass to get the second advanced parole approved

It should be that if you apply for advanced parole then it should be valid unitl your adjustment of status is approved. In my case it took 999 days for my green card approval and 3 applications for advanced parole

[anniefromessex]

Susie,

I did leave the country, no-one was going to stop me being with my Mum and yes, I then had to travel under the VWP costing us thousands. I even went to the Embassy in London armed with a letter from my Attorney but they have no common sense, no compassion and are robots as far as I am concerned, they told me my ties were to the US, duh, my husband lived here xxxx (edit Sue) brain, but if it's not on their chart, they can't deal with it.

Sorry high horse time again, you wonder I am bitter!!!

Love Anniexxx

[DEE F]

Hi I also mentione din another thread,what about a compassionate visa that works in reverse!!!!!!!!!! For example say something was to happen to Carl or I here in the states,but my daughter is banned on VWP yet they wont let her have a bvisa,how is she supposed to come out here if I needed her,the whole thing is an absolute farce,like the rest of the immigration system.

Dee xx

[Susie]

Hi Dee,

That is why we must petition for a compassionate visa. Your daughter should be able to bring documentary eveidence to the airport, Gatwick , Orlando or any other airport and just have a stamp CV placed in her passport.

Maybe we should list here different senarios that there would be a need for a compassionate visa.

[britcan]

Its not just the leaving the country though- I want to be able to have my dad with me when my mum passes away as I don't want my Dad to be in the UK by himself...

[Susie]

Exactly Britcan, yet another valid reason to issue a compassionate visa to immigrants vunerable parents/brothers/sisters in home country.

As I said a compassioante visa can cover a wide variety of case examples and how it should be used and at needs immigration officers to be able to think Outside of the box, for a change, instead of being blinkered