Wife, a permanent resident of USA, is now 7 months pregnant and living alone. I want to visit to help her

9/8/2017 8:19:24 AM

Looking at this news article:

https://www.us-immigration.com/blog/f2a-visa-category-will-remain-current-till-october

It appears that your I-130 should be granted almost immediately. So I would try to find out why it is taking so long.

9/10/2017 12:03:28 AM

You could try to apply for a humanitarian visa/humanitarian parole.

Quote from that page:

Humanitarian visas also are known as humanitarian parole, and are
granted for urgent humanitarian reasons. People who receive
humanitarian parole are those who otherwise are unable to enter the
U.S. but must do so on a temporary basis and for a compelling
emergency. Humanitarian parole does not equate to a permanent
immigration status, and is seldom granted for longer than one year.

This link mentioned by mzu from U.S. Citizenship and Immigration Services website provides more details:

https://www.uscis.gov/humanitarian/humanitarian-parole/guidance-evidence-certain-types-humanitarian-or-significant-public-benefit-parole-requests

I would pay particular attention to these two sections:

  • To Reunite With Family in the United States for Urgent Humanitarian
    Reasons
  • To Care For or Otherwise Provide Support to a Seriously or Terminally
    Ill Relative in the United States

Your situation could be presented as a mix of those two.

As usual, there is no guarantee that you will get this humanitarian parole, and you still need to provide convincing arguments that you will go back to your country once it expires.

Also note that as with a visitor visa, you will not be able to apply for a work permit with this immigration status

Good luck

9/8/2017 12:28:14 PM

I am assuming she is in the US of A and you are abroad at the moment. I also assume you need a US visa to enter the USA.

Formally, you need an F2A immigration visa, so that you can join your spouse and family to live in the US. This visa currently has at least 2 year waiting period. This sucks.

The other option would be a B-1/2 (visitor, family visit) visa which assumes non-immigrant intentions. According to the US law, every applicant for a visa is presumed immigrant, and it is your duty to overcome this presumption in order to get a non-immigrant visa. Given the circumstances: the submission of I-130 + presence of your spouse and future kid – it will be very hard to overcome.

Having said that, is there something you can do to convince the consular officer that you intend to return back after a brief visit to witness the birth of your child? Maybe an unfinished work contract, business obligations, caring for an elderly relative? It may be worth a try.

You might want to get a good lawyer on your side, the one who will immediately follow up with the US consulate if need be. Also, the same lawyer may help to follow up through your spouse’s local congressman and/or senator.

PS. I would also like to notice that the fact you started arranging your visit just mere 2 months before the delivery does not speak in your favor. You need to do some very convincing explaining.

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Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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