grounds for expediting CR-1 and potential repercussions

[matlm 1]

Is there a rule of thumb (collection of anecdotal accounts etc) used to determine what medical conditions qualify one for an expedited CR-1 processing (starting with the I-130)?

My foreign-born wife was recently diagnosed with very early breast cancer. While her life is not in danger today, this obviously has to be dealt with appropriately. We're currently living in Spain, which has great health care (although virtually none of the doctors speak sufficient English), but I would of course prefer that we have the option of treatment in the USA available to us - I live 40 minutes away from Johns Hopkins.

How do they consider requests for expedition based on medical reasons - especially when it applies to those currently living in countries that have solid healthcare (as opposed to countries where you virtually can't get treated). In other words - are people not in the third world granted an expedited process on medical grounds?

As of January 1, 2014, insurance companies can no longer deny treatment or price-discriminate against those with pre-existing conditions, and we can more than afford private insurance until she finds a job and is covered. Moreover, my father will be filling out an I-864 as a joint sponsor (we're students) and he makes about 250k. With this in mind, would there be concerns that she could become a public charge?

[Pitaya 2,577]

Here is the link to the USCIS expedite criteria:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Good luck on your immigration journey.

[matlm 1]

Thanks. I've seen this. It's too wide open for me to gauge. What constitutes a humanitarian situation?

[Pitaya 2,577]

As mentioned in the link, expedite status is granted on a case-by-case basis. Suggest that you use the forum's Google search function for examples of expedited cases, or contact USCIS with your specific case questions.

Edited July 10, 2013 by A&B

[NikLR 13,234]

You'd only be trying for a medical expedite. I cannot see this as being a humanitarian situation. (She can receive good care where she is nor is she lacking for basic human needs.)

[VanessaTony 3,567]

Honestly you've got to look at it from USCIS's point of view. Below are your reasons for expedite and their rebuttals (or how I've seen them rebut):

1. My wife has breast cancer and I want her treated in the US - Why there and not in Spain? Spain has good doctors too.

2. I want to be with her while she's treated - Why can't you move there? You live there already... so why not just stay there for the treatment?

3. I live 40 mins from Johns Hopkins - How do the doctors in Spain differ/lack the required knowledge?

They're also going to ask you about healthcare. How can you afford it? Show proof (you said your dad is co-sponsoring so if you earn enough for private health insurance, why can't you sponsor her yourself?). You said you can afford it "until she finds a job and is covered" so if you're expecting her to get a job and get insurance through her employer, what are her qualifications to do so? Are you SURE she'll find a job that covers her? At the very least it won't be until her treatment is over, plus her probationary period at work...

It's likely it won't be approved, but you gain nothing if you don't try. So make sure you send them a well explained reason plus evidence of why you MUST move back to the US asap in order to get her treatment, as opposed to why she couldn't get treatment in the country you admit has good healthcare.

[matlm 1]

Vanessa, you are, of course, right on the money. I was just hoping to get some sort of feel for things. My intuition was pretty much what you said - if you live in a country that has a top notch medical system, then you would really have your work cut out for you requesting an appeal on medical grounds.

I thought it would be interesting to see if there was someone on the forums at some point who was in a similar position. Found several cases, although it seems all of them were in the developed world.

[squirrelisan 23]

The only expedites I've seen routinely approved on here (anecdotally speaking) are #1 Petitioner is an active duty U.S. military personnel and deployed in a current active war zone and less frequently, #2 Beneficiary is diagnosed with a terminally ill disease, and has little or no healthcare options in their native country (usually from a country with low per capita income, low life expectancy, etc) Although the medical angle seems to be varied, but some combination of very sick and/or would bankrupt them both.

Pregnancy doesn't usually seem to count as medically urgent. But I guess each circumstance is probably different.

[NikLR 13,234]

Pregnancy only does something if the woman is high risk, lacks medical care in her country and the USC can provide medical insurance upon her arrival to cover the costs.