I130 Expedite for Humanitarian reasons

[britishsaffy 0]

Hi

 

I came here on a K1 visa (with the help of this site) 12 years ago, and I am now a US Citizen. 

 

During the timer I have been here, I unfortunately lost my younger brother to cancer, and my elderly father has Parkinsons. Until recently he was being cared for by his girlfriend/partner - but she left him. He's at home alone and I am flying to England tomorrow so i can take care of him. I am going to sponsor him with an I130 application, but due to COVID there's all these restrictions and hoops to jump through. I am hoping I can get an expedite on humanitarian grounds as i am his only living relative and I have doctors info etc that show he is very high risk and cannot be left alone.

 

Anyone with any experience on this? Thanks in advance

[Unlockable 7,306]

Gather as much evidence as possible and give it a try. But be advised, expedites are usually based on the hardship or emergency of the petitioner (US citizen or permanent resident), not the beneficiary.  Something to keep in mind when preparing your reason for expedite.

 

Another thing to take into account is the fact that an approved expedite does not mean immediate. Depending on where you are in the process it will still take time to process.    

[britishsaffy 0]

13 minutes ago, Unlockable said:

Gather as much evidence as possible and give it a try. But be advised, expedites are usually based on the hardship or emergency of the petitioner (US citizen or permanent resident), not the beneficiary.  Something to keep in mind when preparing your reason for expedite.

 

Another thing to take into account is the fact that an approved expedite does not mean immediate. Depending on where you are in the process it will still take time to process.    

I have documentation that my 8 year old son is Autistic and ADHD and there is no family in the USA either besides me and my husband. Unfortunately I do not have many family members alive, even on my mothers side, and my husbands family all live in another state. I'm also his homeschool teacher and he has a 504 in place (documented) and i'm going to have to put his school on hold while I am gone.

[Crazy Cat 39,222]

One issue, along the way,  will be when and if the IR-5 suspension is lifted......good luck.  I hope it works out well for you and your family.

Edited September 8, 2020 by Lucky Cat

[Boiler 43,433]

Tricky one, I take it he is financially comfortable off? House to sell, investments good pension etc because he will be paying through the nose here.

[SusieQQQ 11,584]

Not a nice situation at all - sorry you are having to go through this. 
 

There are still some practicalities involved even with getting an expedite: I am assuming in any case that you won’t have processing completed before or much before the ban on parent visas is over, so at least the ban is probably not something you’ll have to deal with. However it does mean it will still be a case of months (at least) rather than weeks before he can interview. I’m not really familiar with Parkinson’s but it will obviously come up at his immigrant medical exam, so there may well be additional requirements over the “usual” on public charge as he clearly can’t work and may have added medical expenses - at the very least you’d need to get decent health insurance for him.  Be sure you can address all these issues for the interview.  

Edited September 8, 2020 by SusieQQQ

[britishsaffy 0]

8 minutes ago, SusieQQQ said:

Not a nice situation at all - sorry you are having to go through this. 
 

There are still some practicalities involved even with getting an expedite: I am assuming in any case that you won’t have processing completed before or much before the ban on parent visas is over, so at least the ban is probably not something you’ll have to deal with. However it does mean it will still be a case of months (at least) rather than weeks before he can interview. I’m not really familiar with Parkinson’s but it will obviously come up at his immigrant medical exam, so there may well be additional requirements over the “usual” on public charge as he clearly can’t work and may have added medical expenses - at the very least you’d need to get decent health insurance for him.  Be sure you can address all these issues for the interview.  

He isn't 'rich' but he does have a house that we plan to sell, and an income from investments etc. I hate that I will be in England for months but I have no choice. What else can I do? I've just called an international immigration attorney, this is super messy. We have good medical insurance I can add him to once he is here too.

Edited September 8, 2020 by britishsaffy

[SusieQQQ 11,584]

5 minutes ago, britishsaffy said:

He isn't 'rich' but he does have a house that we plan to sell, and an income from investments etc. I hate that I will be in England for months but I have no choice. What else can I do? I've just called an international immigration attorney, this is super messy. We have good medical insurance I can add him to once he is here too.

Ok, you’re lucky you can add a parent to your health insurance, usually that’s not the case. Make sure you will have estimates of annual medical care costs for him, deductibles you’d need to pay in, etc in case you are asked - we’ve seen some people with chronically ill parents report this. It doesn’t seem to be common, but it doesn’t sound like you’d want any delay by the time you reach interview stage so better to have it ready in case.

[Boiler 43,433]

My parents were comfortably off but no way could they have afforded US costs, I have aneignour with Parkinsons and there is some treatment, he is now unable to drive and has to be helped with walking. Another neighbour has a mother in a care home, 70k a year.

[Boiler 43,433]

1 minute ago, SusieQQQ said:

Ok, you’re lucky you can add a parent to your health insurance, usually that’s not the case. Make sure you will have estimates of annual medical care costs for him, deductibles you’d need to pay in, etc in case you are asked - we’ve seen some people with chronically ill parents report this. It doesn’t seem to be common, but it doesn’t sound like you’d want any delay by the time you reach interview stage so better to have it ready in case.

Very unusual, have not seen such a situation for years where a Parent can be added, must be a very generous Employer plan.

[SusieQQQ 11,584]

10 minutes ago, Boiler said:

Very unusual, have not seen such a situation for years where a Parent can be added, must be a very generous Employer plan.

I’ve seen someone do it but they actually worked for the healthcare company in question, so it was an employee perk - normal plan members could not do it.

[britishsaffy 0]

It's possible I was told wrong, ultimately I am stuck either way.

[Unlockable 7,306]

45 minutes ago, britishsaffy said:

He isn't 'rich' but he does have a house that we plan to sell, and an income from investments etc. I hate that I will be in England for months but I have no choice. What else can I do? I've just called an international immigration attorney, this is super messy. We have good medical insurance I can add him to once he is here too.

Interested in what your lawyer said. You don't have to answer if you are not comfortable with sharing. It would simply be added information to be shared with the forum.

 

Wanted to add that immigration requires a great deal of sacrifice. Separation from family is unavoidable. This isn't the first time we have seen a member here have a loved one that needs them by their side but immigration creates a challenge. Fortunately, you have options. Although it will take more time than you would like, if you can get him here and add him to your insurance than it will be worth it in the end.

[aaron2020 11,651]

Hi,

 

Sorry about your difficult situation.

 

There are a few hurdles.  

The Executive Order banning issuing immigration visas to parents of USC for 2020.  If Trump wins in November, it could be extended.  

 

The fact that your dad needs medical care and has to overcome the public charge requirement.

 

It's highly unusual to be able to add a parent to an employee's health insurance plan.  Are you sure that you can do this?

 

Best of luck.

[SalishSea 16,770]

OP, very sorry to hear about this situation.

 

i would think carefully however, about leaving behind the NHS care he’s receiving.  He won’t be eligible for anything like that here..  It will be very expensive, even with private insurance.

 

iI took care of my father in my home for 7 months this year while he was on hospice.    Hospice was a lifesaver (paid for via Medicare), but they do very little actual hands-on care.  It was all on me.   I am still recovering from the burden of that, as he was total care, 24/7,  and I had no help.  And I’m even an RN myself.
 

Had we not brought him here, the alternative would have been a $650/DAY skilled nursing home bed.   Shocking, but that’s how much it cost.   
 

Medicare covered the first 30 days, but he was self-pay for three weeks, and now we have a $17k bill to pay.  He was deemed ineligible for Medicaid because he still owned his home.

 

I’m not saying this would be your situation,  but aging in America is extremely  expensive.