How to request an expedite on medical grounds

[Clemjam 8]

Good morning all,

I need some help with regards to requesting to expedite our applications. We are filing for my 2 children and myself, my husband is the USC and he went back to theUS the day we sent our applications so he could start working.

My son who is 8 has Asperger s Syndrome, which is a condition on the autistic spectrum. Unfortunately he is really struggling with the separation and his autism has worsened and the teachers at his school are really struggling with him now.

So I m thinking of requesting to expedite our applications.

1- Do you think our request would be accepted?

2- can anyone show me how to expedite it and what happens?

Our PD is 02/08, it has now been 40 days and we still haven t heard anything yet, not even accessing our cases online.

Many thanks to all for your precious help!

[Apalis 3]

If you filed through Chicago Lockbox, there's no way to expedite your application. The best way is to contact the US Embassy in France and ask whether you can do a Direct Consular Filing. On the USCIS website, it says that the US Embassy will accept the I-130 in the case of medical emergency. I am sure that's your best hope.

Sorry to hear about your son. Hope that you can get somebody to help you at the US Embassy.

[Clemjam 8]

If you filed through Chicago Lockbox, there's no way to expedite your application. The best way is to contact the US Embassy in France and ask whether you can do a Direct Consular Filing. On the USCIS website, it says that the US Embassy will accept the I-130 in the case of medical emergency. I am sure that's your best hope.

Sorry to hear about your son. Hope that you can get somebody to help you at the US Embassy.

Thnaks very much for your advice Apalis.

However, Frnace has stopped DCFs since 2010, do you think they would do so as an exception?

We did not file through the Chicago Lockbox, my husband sent it to Texas as soon as he landed in the USA.

[Apalis 3]

Thnaks very much for your advice Apalis.

However, Frnace has stopped DCFs since 2010, do you think they would do so as an exception?

We did not file through the Chicago Lockbox, my husband sent it to Texas as soon as he landed in the USA.

I don't know the exact details of the procedure of the US Embassy in France so I cannot advise you how to proceed. You can try checking on the US Embassy in France first to see if there is any saying like this. For example, this is for the US Embassy in Singapore, where my wife and I are staying:

http://singapore.usembassy.gov/immigrant_visas.html

Exceptional Filing at U.S. Embassies or Consulates without a USCIS Field Office:

Beginning August 15, 2011, petitioners, who do not reside in a country with a USCIS field office, but who believe that their situation merits an exception, may request an exception to allow the Consular Section at the Embassy or Consulate to accept the filing. Each request for an exception will be evaluated individually.

A petitioner seeking to file a Form I-130 at an Embassy or Consulate where USCIS does not have a presence should contact the Consular Section to request consideration of the request for exception and explain the circumstances in detail. The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Embassy or Consulate. The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS. USCIS will be publishing guidance on the circumstances that may qualify as exceptional on their website at: Process for Responding to Requests by the Department of State (DOS) to Accept a Locally Filed Form I-130, Petition for Alien Relative.

So basically, after you contact the US Embassy in France and explain your situation in details, the US Embassy will contact USCIS and takes over from there. I am sure once this happens, your case will be much expedited compared to normal process. It can take less than 1 month depending on how bad the medical condition of your son is.

There is still some hope for you but it's better that you act fast, before the USCIS starts processing your application.

Edited March 20, 2013 by Apalis

[Clemjam 8]

I don't know the exact details of the procedure of the US Embassy in France so I cannot advise you how to proceed. You can try checking on the US Embassy in France first to see if there is any saying like this. For example, this is for the US Embassy in Singapore, where my wife and I are staying:

http://singapore.usembassy.gov/immigrant_visas.html

So basically, after you contact the US Embassy in France and explain your situation in details, the US Embassy will contact USCIS and takes over from there. I am sure once this happens, your case will be much expedited compared to normal process. It can take less than 1 month depending on how bad the medical condition of your son is.

There is still some hope for you but it's better that you act fast, before the USCIS starts processing your application.

Thanks so much Apalis!

I am going to contact our local US consular to see if he can do something and will update this thread to help others!

[Penguin_ie 5,994]

If you filed through Chicago Lockbox, there's no way to expedite your application.

Of course there is- once she has NOA1 she (or rather, the USC husband should do it) can contact USCIS and request the expedite.

I have a son with moderate, non-verbal autism myself so In know how hard it is. That being said, I am not sure you qualify for expedite as it was your husband's choice to move back, plus the child is not a USC/ your husband's biological child. Still, you have little to loose. Get some letters from your son's therapists and teachers to support your claims, if you had to increase any meds he takes, show that etc.

[Clemjam 8]

Of course there is- once she has NOA1 she (or rather, the USC husband should do it) can contact USCIS and request the expedite.

I have a son with moderate, non-verbal autism myself so In know how hard it is. That being said, I am not sure you qualify for expedite as it was your husband's choice to move back, plus the child is not a USC/ your husband's biological child. Still, you have little to loose. Get some letters from your son's therapists and teachers to support your claims, if you had to increase any meds he takes, show that etc.

Thanks Penguin,

I'm going to get his teachers and peadopsychiatrist to write statements about it. He isn't on medication but the fact that his teachers asked me to file for a teaching assistant for him and knowing full well that this would only make him more dependent on others really raised alarm bells.

His teachers really struggle to cope with him, he attends a small countryside school and all I hear from his teachers are 'we don't have enough time to focus on him'.

i know he has a lot of capacities (his cognitive skills are well above his fellow students as said by his teachers), it is simply the fact that he can not focus on one thing and has what they call 'temper tantrums'.

At home he's now become more introvert and hardle chats to anyone.

I just emailed our local US consular and I'm expecting him to contact me either today or tomorrow.

[Clemjam 8]

Just to provide an update: my husband called and was dissuaded to apply for an expedite. Apparently our son s autism is not a valid reason.

He was told our case will take about 8 months to go through...

Next step? Write to my husband s Senator!

[N-o-l-a 7,168]

Just to provide an update: my husband called and was dissuaded to apply for an expedite. Apparently our son s autism is not a valid reason.

He was told our case will take about 8 months to go through...

Next step? Write to my husband s Senator!

One of the problems with an expedite request is that the field offices don't seem to know what to do with them. I haven't seen anyone's expedite request go through at a field office since the change on August 15th. That isn't to say that it can't happen, but I'm unaware of any cases. I used the case of my USC daughter's mental health and mine and a variety of other reasons and while my expedite was not denied, it was also not looked at and bounced from NBC to Hartford to VSC and back to Hartford. We also had a senator on our side and still they seemed unable to even look at the expedite.

I think you should try the expedite request, but just don't get your hopes up.

Edited March 27, 2013 by Nola123

[Clemjam 8]

One of the problems with an expedite request is that the field offices don't seem to know what to do with them. I haven't seen anyone's expedite request go through at a field office since the change on August 15th. That isn't to say that it can't happen, but I'm unaware of any cases. I used the case of my USC daughter's mental health and mine and a variety of other reasons and while my expedite was not denied, it was also not looked at and bounced from NBC to Hartford to VSC and back to Hartford. We also had a senator on our side and still they seemed unable to even look at the expedite.

I think you should try the expedite request, but just don't get your hopes up.

Thanks for your concerns.

My husband left the day we sent our I130 to go work there and 'facilitate our visa peocess', how wrong were we!!

What kind of documentation did you have to provide for the expedite? I can get statements from his teacher, headteacher, doctor, paedopshychiatrist!

We just found out that the French government has brought a law in which Special Needs kids will not be able to attend mainstream schools... Brilliant future!