Jump to content
sunnbuzz

Humanitarian Parole Visa , Brain Cancer

12 posts in this topic

Recommended Posts

I'm very overwhelmed so if I've posted in the wrong please excuse me, let me know and delete if you have to.
My mother is a UK Citizen, landed and living 20 years in the US. Six days ago she was rushed to Hospital, they found a massive brain tumour, she had surgery, yesterday the Cancer is aggressive she does not have long and is currently paralyzed on one side, she is only 64. She has no savings, lives paycheque to paycheque and no family just me her daughter.
I have not seen her in 23 years, we talk almost every week, I  live in Canada, I am landed immigrant but a UK Citizen, I was denied entry back in 1999 into the US, I need to fill out a Visa/Waiver.
After I got news of the tumour and that she was in Hospital I started looking into a way to enter the US as an Emergency. I was misdirected/misunderstood and accidentally applied for Port Parole via email at Buffalo CBP (I later learnt "port parole" is only for CDN Citizens at least that's my understanding ?) Canadian lawyers have not been able to help me in a free consultation and advize me to seek a US lawyer.
My stage right now is "I DO NOT KNOW WHAT TO DO ". I have a Dr letter from Neurosurgery and the MRI report
I'm usually VERY resourceful but I honestly cannot think straight, this all happened so suddenly. One minute she was riding her bike and the next she has a 4inch brain tumour they need to be removed asap, I'm just struggling to process all the information.
Its an impossibility to talk to the Consulate / Embassy, trust me I tried everything to get a human on the phone and it says on their recorded message to not come to the consulate for Visa help.
I do know my first step is to complete an ESTA  but other than that I'm lost, I do not want to start the wrong form/application and cause delays or more problems for myself

Edited by sunnbuzz

Share this post


Link to post
Share on other sites

***Moved from What Visa Do I Need - Family Based Immigration forum to Tourist Visas forum.***

 

**Moderator hat off**

 

34 minutes ago, sunnbuzz said:

 I was denied entry back in 1999 into the US

 

For what reason?  That will be THE determining factor if you can obtain an ESTA and come to the US on the Visa Waiver Program or if you need to apply for an actual visa.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

First step is if you can use ESTA, second would be a B2.

 

Why were you denied entry?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Thank you, and please bare with me.
Ok  in terms of denial I'm not 100 percent sure its almost 20 years ago but I went to go border shopping was stopped and denied entry because I did not have a Waiver (if memory serves me correctly) I think I may have been stopped before 1999 and told to get a waiver, I do know that I had traveled back and forth to the US with a Visa until maybe 1991-1993 ? And then the Visa were no longer a requirement living in Canada, the Visa may have expired when I went to cross one time  and thats why they asked for the Waiver but I may be wrong, I'm looking for the paperwork its somewhere the laws have changed dramatically over the last 20 years I was young and not too concerned tbh, I certainly am very concerned now

So if I'm denied for an ESTA, what do I do next ? Is the emergency procedure called Humanitarian Parole - or is HP only applicable if ESTA is approved and if ESTA is not APPROVED, is there any way to request an emergency entry ?

Share this post


Link to post
Share on other sites
2 hours ago, sunnbuzz said:

So if I'm denied for an ESTA, what do I do next ? Is the emergency procedure called Humanitarian Parole - or is HP only applicable if ESTA is approved and if ESTA is not APPROVED, is there any way to request an emergency entry ?

 

Right now, focus on your first step which is applying for an ESTA, a decision on that should be instantaneous.  Apply for the ESTA now and let us know the result.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

I started the ESTA application but it's asking me if I was ever denied entry, I'm truly not trying to be a smart ####### but when I went 19 years ago and was told I needed a Waiver to enter and did I want to withdraw my application to enter the US and I said yes and they said ok you can return back to Canada -
I had literally walked over the bridge to go border shopping so after withdrawing they did some paperwork and sent me back.

Is me agreeing to voluntarily withdraw my application constituting as "a denial of entry" ?

Share this post


Link to post
Share on other sites
3 hours ago, sunnbuzz said:

I started the ESTA application but it's asking me if I was ever denied entry, I'm truly not trying to be a smart ####### but when I went 19 years ago and was told I needed a Waiver to enter and did I want to withdraw my application to enter the US and I said yes and they said ok you can return back to Canada -
I had literally walked over the bridge to go border shopping so after withdrawing they did some paperwork and sent me back.

Is me agreeing to voluntarily withdraw my application constituting as "a denial of entry" ?

Whatever way you look at it you were denied entry. You attempted to enter and you failed.

 

You are not eligible to use the VWP and your ESTA should be denied.

Share this post


Link to post
Share on other sites

Next step - apply for tourist visa in Toronto. There are instances where appointments can be expedited so look for that info on their site.

 

https://ca.usembassy.gov/visas/do-i-need-a-visa/

 

 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

If you’re crossing by land, you don’t need an ESTA. It’s only valid for air and sea crossings. But the reason for your denial is very important as that could be blocking you from coming back. Unless you were smuggling drugs or falsely claiming to be a US citizen it’s unlikely that you will be banned for life. But you probably will need a B-2 visa. 


 

 

 

 

 

Share this post


Link to post
Share on other sites

The key question, which you haven't answered, is why you need a waiver -- what is it that caused you to need the waiver in the first place?  Without knowing that, nobody can give you a remotely correct response.  

Share this post


Link to post
Share on other sites

VWP?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×