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Amy&Aldo

Please Help for MEDICAL NECESSITY!!(merged)

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My friends from the Dominican Republic have a 10 year old daughter with a rare medical condition, and they have been bringing her to Salt Lake City, UT for treatment every 6-12 months. This last year her condition has worsened greatly, and the doctors are telling the family they need to move here so she can receive weekly injections. Without treatment she will become permanently paralyzed and disfigured. The treatment is not available in the Dominican Republic, and the doctors there are unwilling to treat her. The family is willing to move, but they have another 15 year-old daughter who they need to bring with them. What is the best and quickest route for them to legally immigrate? What types of visas should we look at getting, and can they be expedited due to medical necessity? They have plenty of people willing to sponsor them. 


I-129F:

Feb. 12, 2008-I met Aldo while vacationing on the Riviera Maya in Mexico

Aug. 29, 2008-K1 application filed by our attorney

Sept. 2, 2008-NOA1

Dec. 16, 2008-NOA2

Mar. 4, 2009-Interview at Juarez Embassy-visa issued

Apr. 13, 2009-POE JFK Airport, NYC (Temporary 90-day work stamp received)

April 18, 2009-Wedding!!!

AOS:

May 26, 2009-Filed for AOS w/ EAD & AP

June 2, 2009-NOA

June 26, 2009-Transferred to CSC

July 10, 2009-Biometrics taken

July 15, 2009-AP Received (approved July 9)

July 20, 2009-EAD Card received (approved July 8)

Aug. 10, 2009-Green Card Received!

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B-2 medical visa for all. Show proof of being able to cover the treatment, proof of no treatment availability in DR and letters from doctors. And this is not an immigrant visa, once treatment is done they head back to their home country. 


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

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What if treatment will never be done? She will need treatment for the rest of her life. 


I-129F:

Feb. 12, 2008-I met Aldo while vacationing on the Riviera Maya in Mexico

Aug. 29, 2008-K1 application filed by our attorney

Sept. 2, 2008-NOA1

Dec. 16, 2008-NOA2

Mar. 4, 2009-Interview at Juarez Embassy-visa issued

Apr. 13, 2009-POE JFK Airport, NYC (Temporary 90-day work stamp received)

April 18, 2009-Wedding!!!

AOS:

May 26, 2009-Filed for AOS w/ EAD & AP

June 2, 2009-NOA

June 26, 2009-Transferred to CSC

July 10, 2009-Biometrics taken

July 15, 2009-AP Received (approved July 9)

July 20, 2009-EAD Card received (approved July 8)

Aug. 10, 2009-Green Card Received!

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Is there another country where this treatment is available? Can’t imagine it’s only possible in the US. Also, how will they be paying for it? They won’t be able to immigrate here just because if the medical treatment. It would probably be cheaper for them to buy the medication and hire a nurse at home to administer it. 


 

 

 

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To immigrate they have the same opportunities as anybody else, there may be public charge issues dependent on the cost of the treatment.

 

Not sure why they can not get injections carried out locally, that would be something they should investigate.


“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.”

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Posted (edited)

My friends from the Dominican Republic have come to the US three times over the past two years on a tourist visa in order for their 11 year-old daughter to receive medical treatment.  Each time they stay for about two weeks--just long enough to see the specialist, get an updated treatment plan, and to purchase the medications she needs until the next visit.  Doctors in the Dominican Republic have been unable to treat her. They just came again last week to meet with the doctor, and they have now learned that their daughter's condition has become much worse and the current medications she is taking are not working.  The disease she has causes severe bone deformities and leave her prone to fractures.  She is currently in a wheelchair and is in constant pain. At her last appointment, the doctor recommended that they move to the US so that their daughter can begin receiving bi-weekly injections that are not available to her in the Dominican Republic.  The doctor says she needs to start treatment as soon as possible, and she will need to continue the treatment until she is at least 18, and possibly for the rest of her life.  I am aware that there are medical visas, but these are only for a maximum of 6 months, so that doesn't help any more than a tourist visa.  Does anyone know what success this family might have in adjusting status from the tourist visa in this situation?   The doctor and children's hospital are willing to write letters in support of this, and they have all medical records to prove her condition. They currently have return flights scheduled for August 3rd, but this new information has them very concerned, and they want to consider what is in the best interests of their daughter.  

 

One additional piece of information--they have two other daughters in the D.R. who they have left in the care of family members.  One is 13 and the other is almost 18.  If they stay and try to adjust status, is there any hope of bringing the 13 year-old to join them?   

 

I appreciate any advice or knowledge anyone has!  

Edited by Amy&Aldo

I-129F:

Feb. 12, 2008-I met Aldo while vacationing on the Riviera Maya in Mexico

Aug. 29, 2008-K1 application filed by our attorney

Sept. 2, 2008-NOA1

Dec. 16, 2008-NOA2

Mar. 4, 2009-Interview at Juarez Embassy-visa issued

Apr. 13, 2009-POE JFK Airport, NYC (Temporary 90-day work stamp received)

April 18, 2009-Wedding!!!

AOS:

May 26, 2009-Filed for AOS w/ EAD & AP

June 2, 2009-NOA

June 26, 2009-Transferred to CSC

July 10, 2009-Biometrics taken

July 15, 2009-AP Received (approved July 9)

July 20, 2009-EAD Card received (approved July 8)

Aug. 10, 2009-Green Card Received!

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What family members do they have in the US to petition them? Without that, there’s not a legal path (barring investment, employment, etc. visas, which don’t really apply here).

 

If they were able to adjust status, they could then petition the other family members. Just know that AOS + the I-130s for them afterward is going to be a 2-3+ year journey before they can come to the US...assuming the eldest doesn’t age out (then it goes to another 6 years or so on top of that?).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)

~~Duplicate thread merged Please do not start more than one thread for the same or related questions~~

~~moved to What Visa Do I Need, from Off Topic - The OP is asking for possibilities for friends~~

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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On what basis would they be seeking to adjust?


“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.”

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Posted (edited)

They would have zero chances of adjusting status. 

 

There has to be a basis in the law for them to adjust status.  You haven't stated one.

 

People can not just adjust status for a green card because they have a sick child.  There is no basis in the law for them to adjust.

 

They can file and it might be accepted, but ultimately they would be denied for filing a frivolous application.  With a denial and potential overstay, their tourist visas will be revoked and they may be ban from the US.

 

Sorry.

Edited by aaron2020

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