DV2023: List husband; newborn without papers; hiding from terrorists

[Chloe Girl 2]

Hello VisaJourney community.

 

I am helping a friend, a recently resettled refugee, complete the DS-260 for his wife, the Principal Applicant. The DS-260 has not yet been submitted.

 

Their home country fell into the hands of a terrorist group, an authoritarian controlling body that is not recognized by the US. Deadly circumstances separated husband from wife & toddler at the moment they were attempting to evacuate. He is now here in the US but she is stranded in their home country. The US Embassy evacuated from the country in 2021.

 

On his wife’s behalf, husband applied for the 2023 Diversity Immigrant visa lottery. She was selected and notified in May 2022. The wife is the Principal Applicant.

 

Questions:

 

1… What address should be listed for the wife?

Will the US visa processing authorities (KCC-Kentucky Consular Center) send mail to that address? She is a “high value target” due to her former occupation. The terrorist group have been seeking her. She cannot return to their home because the terrorists have chain-locked on their front gate. She doesn’t want to list a friend’s address bc friends’ lives would be in danger if the terrorist group found out. Ditto with both sets of parents and their addresses. After much consideration and seeing instructions dictate to use most recent address, we defaulted to use her home address, even though she cannot go there anymore. She changes location often and remains in hiding. We are assuming KCC will send correspondence via email instead of physical mail. We also listed husband’s US address (and phone) as secondary address. Any thoughts on this strategy appreciated.

 

2… Should the email and cellphone # that we list on the DS-260 be the wife’s (the Principal Applicant) or her husband’s?

I hesitate to list her email and number. Terrorist have been known to confiscate cellphones and scroll thru texts  and emails. Anyone with connections to anyone in the West is dealt with severely. Thus, many rescue organizations with experience arranging airlifts, counsel terrorized hopefuls to know how to quickly delete files from their devices when terrorists approach. Her husband can still contact friends and parents to reach his wife.

 

3… On the DS-260, the wife is the Principal Applicant and their two children are also listed….. BUT SHOULD THE HUSBAND BE LISTED?

The husband, after all, is already legally in the US under Humanitarian Parole, and is permitted to stay in the US until Sept 2023. Interestingly enough, on the DS-260, his interview location automatically lists “USCIS” with no specific location. Her interview location, as expected, is in a country that neighbors the country in which she is stranded.  In the meantime, he is applying for asylum. I’m guessing YES he should be listed on the DS-260 because it’s valuable to have a US visa.  (No telling how long it will take for his asylum to be granted.) So, should husband be listed? Thoughts and advice appreciated!

 

4… Can newborn travel under mother’s valid passport and hoped-for US-issued visa?

At the time of their separation 10 months ago, she was about one-month pregnant. A month ago, while in hiding, she gave birth to their second child. The situation remains too risky for mother/principal applicant to apply for a birth certificate and passport for the newborn. We’re hoping the newborn can travel without the normal documents.

 

Thanks much for any advice and suggestions.

[arken 4,197]

1. Use the DV lottery winner's address. No mails will be sent.

 

2. Email can be of husband or wife's doesn't matter as one can convey the message to others. Phone should be of the wife. They won't contact her usually on the phone.

 

3. List everybody on DS 260 where it asks for spouses or children. Don't list husband as a visa applicant if he cannot go back for the visa interview.

 

4. The newborn will need a birth certificate and the passport to get the visa. How can the US embassy know if the child belongs to the mother without a birth certificate? 

[SusieQQQ 11,585]

in addition to above:
 

Re 1, the main purpose of a home address for applicant is so that they can assign an embassy for interview. Home address is fine.
 

Re 3 above, husband should be listed as “immigrating later” so he can apply for adjustment of status after wife immigrates on DV.
(He can have/keep the asylum case as back up in case they run out of time on DV but asylum is a long slow painful process, and if he has the option of adjusting via DV first they should take it)

 

Also re 4 above, note that if a birth certificate  is issued longer than a a year after birth it creates further complications as Dept of State will probably ask for other evidence of the maternal relationship as well then, possibly including DNA if the documents are not satisfactory. Extra expense and possibly leading to running out the DV clock and losing out. Best not to delay too long.

 

one more thing, is US DoS still listing police certificates as required from this country?

 

Edited June 28, 2022 by SusieQQQ

[SusieQQQ 11,585]

HOWEVER

 

on the off-chance the secret country being mentioned is Afghanistan 

 

birth certificates are not required for immigrant visas, but “All Afghan citizens should be able to present a tazkera (national identity document) as proof of their identity and their birth place”

 

and police records are not required 

 

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Afghanistan.html

 

this is why it is better to give proper information to get an accurate response 

If it is another country there may be other specifics like this 

 

Edited June 28, 2022 by SusieQQQ

[Chloe Girl 2]

7 hours ago, SusieQQQ said:

Thank you SusieQQQ, both of your replies are helpful and thought provoking. I appreciate you taking the time to reply to me.

 

 

 

[Chloe Girl 2]

Thank you Arken. Your comment help confirm what I am thinking. 

[Family 3,568]

Has husband applied for an I-131 Humanitarian Parole for her and children ?

 

Am assuming he has access to much legal assistance ( non profits working w Afghans ) since arriving in the US https://cliniclegal.org/toolkits/assistance-afghans

 

It’s an odd question / post for a very very World Wide Web DIY site and even stranger that he is not being helped by the same pro bono attorney/ representative that prepared his asylum….. and must rely on “ friends” and DIY strangers. 
 

 

 

[SusieQQQ 11,585]

24 minutes ago, Family said:

Has husband applied for an I-131 Humanitarian Parole for her and children ?

 

Am assuming he has access to much legal assistance ( non profits working w Afghans ) since arriving in the US https://cliniclegal.org/toolkits/assistance-afghans

 

It’s an odd question / post for a very very World Wide Web DIY site and even stranger that he is not being helped by the same pro bono attorney/ representative that prepared his asylum….. and must rely on “ friends” and DIY strangers. 
 

 

 

Well, I can understand why an attorney specializing in asylum wouldn’t know much about DV. 

[Family 3,568]

38 minutes ago, SusieQQQ said:

Well, I can understand why an attorney specializing in asylum wouldn’t know much about DV. 

Any attorney/ representative helping the husband would have screened for and immediately applied for or advised the Afghan Humanitarian Parole for wife / newborn and child….( 10 months ago or less), given the facts presented…so I hope OP responds.

 

[SusieQQQ 11,585]

3 minutes ago, Family said:

Any attorney/ representative helping the husband would have screened for and immediately applied for or advised the Afghan Humanitarian Parole for wife / newborn and child….( 10 months ago or less), given the facts presented…so I hope OP responds.

 

But this thread is about how to pursue the wife’s DV selection, not about the husband’s asylum application. 

[Family 3,568]

11 minutes ago, SusieQQQ said:

But this thread is about how to pursue the wife’s DV selection, not about the husband’s asylum application. 

Forgive me if my concern is not clear, the wife and children have been in life and death danger for past 10 months, will continue to experience the same for foreseeable future and Humanitarian Parole for Afghans is probably faster than DV for 2023 , taking into account the additional challenges:  lack of papers / passports , security screening due to wife’s work history, the need to travel outside home country for interview….

 

But perhaps my misgivings about this post are misplaced…

[SusieQQQ 11,585]

4 hours ago, Family said:

Forgive me if my concern is not clear, the wife and children have been in life and death danger for past 10 months, will continue to experience the same for foreseeable future and Humanitarian Parole for Afghans is probably faster than DV for 2023 , taking into account the additional challenges:  lack of papers / passports , security screening due to wife’s work history, the need to travel outside home country for interview….

 

But perhaps my misgivings about this post are misplaced…

You may be an expert in the intricacies of humanitarian parole for afghanis, I’m not, and I’ll assume that any asylum questions are being asked and answered in appropriate places. Moreover, you seem ti have changed your “misgivings” to try get around the post of yours I actually responded to. My a priori assumption is that the husband is doing what he can for his family already, and that your statement about his resorting to relying on internet friends and strangers is uncalled for in the context of this thread, which - again- is not what his asylum lawyers would specialise in, so it’s not at all “strange” as you state that they don’t help him with this.

 

 

 

 

 

 

Edited June 29, 2022 by SusieQQQ

[Family 3,568]

14 hours ago, SusieQQQ said:

My a priori assumption is that the husband is doing what he can for his family already, and that your statement about his resorting to relying on internet friends and strangers is uncalled for in the context of this thread, which - again- is not what his asylum lawyers would specialise in, so it’s not at all “strange” as you state that they don’t help him with this.

Hmm, if you are dodging bullets and learn there is a fast(er) way out, I would not expect OP to take offense . You , seem to think it necessary to chastise my input ( misgivings included) as “ uncalled for” , even going so far as implying my voiced concerns are somehow shifting/ unfounded…

 

If OP wants to help her friend, hopefully she responds and if she was unaware that even though wife and children missed out on the first I-131 Humanitarian Parole ( that helped the husband get to safety…) ..she should have and can reapply….because DV 2023 presents a few unnecessary delays and added logistical challenges. 

[Chloe Girl 2]

Hello, SusieQQQ, Family, and arken,

I really so appreciate you guys taking the time to share your advice. I know it’s hard to respond effectively when my post is not forthcoming with specifics. My friend prefers that, as much as possible, I not share his info on the internet. He has good reason to believe that his wife can and might be traced. So, I refrain from stating the country name. I am honoring his request.

 

I will say this bc you guys deserve some explanation….

 

1… He had a pro bono attorney here, supposedly working on his Asylum app. This attorney did not offer help in getting his wife out or with filing for Humanitarian Parole. Unfortunately, the attorney recently left the nonprofit org that she was with. Turns out neither the attorney nor her assistant had done much work on his case. So he lost about 4 months. I do know that the attorney and the org (a very well-known reputable nonprofit org whose focus is on helping resettled refugees) were inundated with clients, many seeking help with HP apps to rescue immediate family members and extended relatives. In fact, earlier this year, the org stop accepting new HP cases. So, until we find another attorney (pro bono or one that is affordable), I have implored him to work on his statements, to answer the various questions on the asylum app. Fortunately, I have a friend who is an immigration attorney who has agreed to review the application as he/we develop it. (My attorney-friend is super busy now and so is unable to take on his case at this time.)

 

2… Circumstances were so dire that he was granted Humanitarian Parole AFTER being airlifted to a “lily pad” location before entering the US. His wife and child likely would’ve received HP but the tragic situation separated and stranded them into the chaos of others scrambling to evacuate. So, no, she has not filed for HP.

 

3… Filing for HP could take several years to process. The backlog is a hope-killer. Since early this year, there have been numerous news articles about ppl with stellar credentials and very strong proof of threats to life, who have filed for HP, but waited, waited, waited, and then were ultimately rejected. Heartbreaking. Of all the ppl applying for HP, the number of ppl who actually become a Humanitarian Parolee is extremely low %. (Now, add Ukrainians to the pool of waiting HP applicants.) Also, the $575 filing fee for each applicant is steep (in this case, it might have been 2 ppl, but now, it might be 3 ppl if the newborn needs a separate HP application, or maybe the kids can travel under mother’s HP). $1725 is a lot of money to raise (though I’m sure my church would help fundraise). I think husband may have better luck with being granted asylum….. then as a Legal Perm Resident, he can apply for Family Reunification. That’s my thinking for now. All that said, we are not ruling out applying for HP for his wife and children. It’s just not high on our list right now.

 

4… Then his wife won the DV lottery. What luck! So we are focusing our attention on submitting the DS-260 as soon as possible. That might be the faster route out. We want to get everything right; mistakes will delay or reject her submission. That is the reason I signed up with VisaJourney. Emailing questions to the Kentucky Consular Center is a painfully slow wait and when they do respond, it’s general, bureaucratic, generic,  and doesn’t really answer my questions specifically. Your responses to my post have been more helpful! My local congressperson’s office has helped with federal agencies, including KCC, but even the response is still very general.

 

5… In the meantime, my friend is working his tail off. Housing, as you know, is insanely high, especially for someone working slightly above minimum wage. I am helping him navigate our local health insurance (medicaid) system, helping him find a doctor that is compatible with his cultural needs and language, etc. He is depressed, frustrated, and feeling guilty that he left his wife and children. No doubt suffering PTSD.

 

6… It’s a good thing he and his wife speak and write English decently. Otherwise, I would not be able to help.

 

So, thank you all for commenting on my post. Your comments advance my understanding.

[Family 3,568]

38 minutes ago, Chloe Girl said:

Filing for HP could take several years to process

Few months

 

44 minutes ago, Chloe Girl said:

very well-known reputable nonprofit org whose focus is on helping

Ask  this org to reassign his case to another attorney, email/ call other organizations 

https://www.acf.hhs.gov/orr/programs/refugees/afghan-assistance-resources

 

 

41 minutes ago, Chloe Girl said:

Heartbreaking. Of all the ppl applying for HP, the number of ppl who actually become a Humanitarian Parolee is extremely low %. (Now, add Ukrainians to the pool of waiting HP applicants.) Also, the $575 filing fee for each applicant is steep (in this case, it might have been 2 ppl, but now, it might be 3 ppl if the newborn needs a separate HP application, or maybe the kids can travel under mother’s HP). $1725 is a

He was approved, his family already previously approved/ listed . No fees for HP