Expediting a US visa application

[mama-of-3 0]

Hi,

i have recently become a permanent US resident (my husband is a US citizen), and i am now trying to bring my 13 year old son over to America. He is currently back in Australia, living with his dad (whom he does not like nor get along with) and is having a very hard time. He is getting depressed as he's being bullied at school as well as at home. i need to get him here asap, and i was wondering if anyone knows if it is possible to expedite his petition for these types of mental health reasons, and if so what do i need to do?

Thank you in advance.

His-ina

Edited September 4, 2015 by His-ina

[Hardfacts123 50]

First, someone needs to start the process by submitting the 1130 petition, it will go thru the same process that you went thru to arrive here. how long will depend who is petitioning the child, the USC or the LPR.

[Hypnos 6,576]

You can read USCIS' expedite criteria here: http://www.uscis.gov/forms/expedite-criteria

From what you have said, he would be unlikely to qualify for an expedite.

[Transborderwife 4,666]

Doesn't sound like an expedite case but you can always try!

[Boiler 43,629]

No harm trying, seen weirder ones approved.

[aaron2020 11,651]

Hi,

i have recently become a permanent US resident (my husband is a US citizen), and i am now trying to bring my 13 year old son over to America. He is currently back in Australia, living with his dad (whom he does not like nor get along with) and is having a very hard time. He is getting depressed as he's being bullied at school as well as at home. i need to get him here asap, and i was wondering if anyone knows if it is possible to expedite his petition for these types of mental health reasons, and if so what do i need to do?

Thank you in advance.

His-ina

Hi,

Your USC husband needs to file an I-130. Enclose a letter asking for an expedite based on the medical issues. You must provide proof from a doctor stating that your son is suffering from depression.

Best of luck

[Ozz777 23]

Hello, I am the USC husband of the OP, and I wanted to thank all of you for your replies so far. To clarify, I had already sent off the petition before my wife posted her question, and we didn't learn of his depression until after I had filed. So, obviously, I cannot put an expedite request in with the petition now.

Now, the question is, is there anyway to LEGALLY get him here to wait as a non immigrant, until his visa is approved. I read on the USCIS that a US citizen can file for an F4 visa for a child, once I receive the NOA1 on his I-130 petition, but on the F3-F4 page, it says that I can only file for that if his mother is an F3 candidate, which obviously doesn't apply to us, as she is already here and a permanent resident. Links below to the USCIS pages referenced.

Can my child come to the United States to live while the visa petition Is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

A child may be eligible for a K-4 visa if:

• He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant

http://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visas

Thanks in advance for any help,

Michael and Marta

[Hypnos 6,576]

A K-4 is a non-starter because they are only issued to children of principal K-3 holders. Since there is no K-3 here then there won't be any K-4 either.

Once you have the I-130 receipt NOA then you can ask USCIS for an expedite: http://www.uscis.gov/forms/expedite-criteria

As I said above I think it's unlikely you'll get one, but the worst that can happen is that they say no and your child's case continues as normal. What proof can you show that an expedite is warranted here?

[Boiler 43,629]

He can always visit and vice versa.