URGENT: 74yo Petitioner Medical Emergency / CSPA / Victim of Fraud - Case stuck in CDJ since 2019

[Carlos___Daniel11 0]

I am writing to request an urgent humanitarian expedite for our case.

My father is a 74-year-old Lawful Permanent Resident of the United States currently living with us in Mexico. He is facing serious medical difficulties and his health is declining. He needs the care and quality of life he can only receive in the U.S. Furthermore, he has funds in his Social Security account that we urgently need to access to cover his needs, but we cannot do so unless we cross back to the United States.

Background of the Case: In 2019, we had an interview where residency was denied because my mother required waivers. We attempted to file them, but we were scammed by an attorney and lost all access to the case. Since then, we have been unable to move forward.

Request for Independent Processing (CSPA): Due to my father’s urgent medical state and our mother's pending situation, we wish to proceed with our process independently from our mother. My siblings and I were minors when the case was opened and when we attended the consulate. We are requesting protection under the Child Status Protection Act (CSPA) to travel and care for our father in the U.S.

We are desperate to provide my father with a better life and the medical attention he requires. We look forward to your guidance on how to move this process forward urgently.

[appleblossom 5,719]

40 minutes ago, Carlos___Daniel11 said:

I am writing to request an urgent humanitarian expedite for our case.

My father is a 74-year-old Lawful Permanent Resident of the United States currently living with us in Mexico. He is facing serious medical difficulties and his health is declining. He needs the care and quality of life he can only receive in the U.S. Furthermore, he has funds in his Social Security account that we urgently need to access to cover his needs, but we cannot do so unless we cross back to the United States.

Background of the Case: In 2019, we had an interview where residency was denied because my mother required waivers. We attempted to file them, but we were scammed by an attorney and lost all access to the case. Since then, we have been unable to move forward.

Request for Independent Processing (CSPA): Due to my father’s urgent medical state and our mother's pending situation, we wish to proceed with our process independently from our mother. My siblings and I were minors when the case was opened and when we attended the consulate. We are requesting protection under the Child Status Protection Act (CSPA) to travel and care for our father in the U.S.

We are desperate to provide my father with a better life and the medical attention he requires. We look forward to your guidance on how to move this process forward urgently.

 

Your father should be able to access his social security from anywhere, it can be paid in to a bank account in another country. He doesn't need to be in the US for that. He can travel back to the US anytime too, he doesn't need to wait with you (and in fact is jeopardising his own status by doing so). 

 

It's not really clear what the situation is. Your father is a LPR, but in Mexico? How long has been outside the US? Does he have a re-entry permit? Your mother isn't a LPR? He's petitioned her for a visa but she needs a waiver (for what)? And what have you and your sibling applied for? You can only expedite if there is a visa available to you, so what kind of case and what is the Priority Date?

Edited 1 hour ago by appleblossom

[Lance27 36]

35 minutes ago, appleblossom said:

 

Your father should be able to access his social security from anywhere, it can be paid in to a bank account in another country. He doesn't need to be in the US for that. He can travel back to the US anytime too, he doesn't need to wait with you (and in fact is jeopardising his own status by doing so). 

 

It's not really clear what the situation is. Your father is a LPR, but in Mexico? How long has been outside the US? Does he have a re-entry permit? Your mother isn't a LPR? He's petitioned her for a visa but she needs a waiver (for what)? And what have you and your sibling applied for? You can only expedite if there is a visa available to you, so what kind of case and what is the Priority Date?

My understanding is LPRs cannot get social security unless residing in the US. It appears that the LPR in this case is residing in Mexico?

[appleblossom 5,719]

2 minutes ago, Lance27 said:

My understanding is LPRs cannot get social security unless residing in the US. It appears that the LPR in this case is residing in Mexico?

 

They can, but only for 6 months - but hopefully the OP's father isn't staying outside for longer than that anyway as otherwise he'll be risking losing his GC.

[Crazy Cat 46,135]

***Moved to Bringing Relatives of Permanent Residents to America****

[Boiler 48,617]

This looks like it was written using AI so there may be a language issue.

 

Did the Father file an I 130 for each of the children or are they dependents on the Mothers case.

 

When was the father last in the US?

[rbv_shard 67]

45 minutes ago, Lance27 said:

My understanding is LPRs cannot get social security unless residing in the US. It appears that the LPR in this case is residing in Mexico?

By definition a lawful permanent resident of the US is a resident of the US.  They can visit other countries, but if they transfer residence, they cease to be an X Y Z resident of the US for any adjectives X, Y, and Z, and in particular when those are "lawful" "permanent".  And the US government does indeed rescind LPR status which has been abandoned by not remaining a US resident.