Medical Emergency

[wizzard1663 0]

Humanitarian Parole

Humanitarian parole is used sparingly to bring someone who is otherwise inadmissible into the United States for a temporary period of time due to a compelling emergency.

USCIS may grant parole temporarily:

To anyone applying for admission into the United States based on urgent humanitarian reasons or if there is a significant public benefit

For a period of time that corresponds with the length of the emergency or humanitarian situation

Parolees must depart the United States before the expiration of their parole. You may submit a request for reparole, which must be approved by USCISis or her stay in the United States. Parole does not grant any immigration benefits.

Requirements for Parole

Anyone can file an application for humanitarian parole.

You may file an application for parole if you cannot obtain the necessary admission documents from the Department of State

You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures. As noted above, there must be an urgent humanitarian reason or significant public benefit for the parole to be granted

To see if you can obtain the necessary admission documents from the Department of State, see the “U.S. Department of State Visa Information” on the right

Filing for Parole

To file for parole you must:

Complete a Form I-131, Application for Travel Document, and Include the filing fee for each parole applicant

Complete a Form I-134, Affidavit of Support, for each applicant in order to demonstrate that you will not become a public charge

Include detailed explanation and evidence of your circumstances

If you are represented by an attorney, he or she must file a Form G-28, Notice of Entry of Appearance as Attorney or Representative.

All requests for parole must be submitted to:

USCIS Dallas Lockbox

For US Postal Service (USPS) Deliveries:

USCIS

PO Box 660865

Dallas, TX. 75266

For Express mail and courier deliveries:

USCIS

Attn: HP

2501 S. State Hwy 121, Business

Suite 400

Lewisville, TX 75067

You will receive a written notice once we have received your application and again when your case has been decided. If you do not receive a response within 120 business days, then you may contact the Parole Branch in writing at the address above.

If you are currently in removal proceedings or have been previously removed from the United States, you will need to submit your request to:

Department of Homeland Security/Immigration and Customs Enforcement

Office of International Affairs

Attn: Section Chief, Law Enforcement Parole Branch

800 N. Capitol St.

Washington, DC 20536

Reparole Request

We recommend that you file a request for reparole at least 30 days before the expiration date on your Form I-94, Arrival/Departure Record.

To apply for an extension of parole with USCIS you must:

Have received your humanitarian parole from USCIS

File Form I-131, Application for Travel Document, and on the first page write, ‘REPAROLE REQUEST’ in bold letters

Include the filing fee

File a Form I-134, Affidavit of Support

Include current supporting documentation

Include a copy of your Form I-94, Arrival/Departure Record, that you were issued upon parole into the United States

You must submit requests for extensions of parole to the following address:

USCIS Dallas Lockbox

For US Postal Service (USPS) Deliveries:

USCIS

PO Box 660865

Dallas, TX. 75266

Denied Parole Requests

There is no appeal from denial of parole. However, if there are significant new facts that are relevant to your application, you may submit new documents with updated supporting evidence following the “Filing for Parole” procedure outlined above.

Last updated: 04/15/2010

Read carefully

Life's Journey. I just read through the information you provided on Humanitarian Parole. One thing that concerns me is the part about that process not being available to avoid the regular Visa process. My impression from their wording is that it is only available to people for whom any other type of Visa is not available.

Euan is included on the I 130 we filed for her Mother (Luz's 27 year old unmarried daughter). The I 130 has already been approved; however, the waiting list for Visa's for the 2B category for Philippine residents is 12 years. Euan's condition will kill her in far less than that number of years; in fact, if she doesnt have the surgery soon after reaching 5 the continued crippling of her body will compromise her internal organs. So a normal visa process is available to her, but the time will simply not work.

[Boiler 45,486]

1. I would be VERY surprised if the the system will allow nationals of another Country to come to the US, buy Insurance with no limitations at a massive subsidy to have extremely expensive treatment.

2. So the treatment is available in the Phillipines, the issue is cost? You need top re-read the requirements.

3. I still do not understand how you are going to substantiate how the costs will be paid for when applying for a visa.

[wizzard1663 0]

1. I would be VERY surprised if the the system will allow nationals of another Country to come to the US, buy Insurance with no limitations at a massive subsidy to have extremely expensive treatment.

2. So the treatment is available in the Phillipines, the issue is cost? You need top re-read the requirements.

3. I still do not understand how you are going to substantiate how the costs will be paid for when applying for a visa.

American Idol

We are not talking about an insurance company accepting a foreign national. The idea would be us taking her on as our dependent and then legally adding her to a policy we have. I'm not sure that is the route we can or will go, it is just a thought.

The treatment is not available in the Philippines.

Substantiation of the costs being covered is easy. The hospitals own policies indicate they will cover the cost if they accept the patient.

[Boiler 45,486]

B2 Visitor Visa is the obvious route. She will be visiting the US temporarily to obtain medical treatment.

If she is not a foreign national, what is she?

[wizzard1663 0]

B2 Visitor Visa is the obvious route. She will be visiting the US temporarily to obtain medical treatment.

If she is not a foreign national, what is she?

Idol

I'm sorry if I confused the issue. She is a Foreign National. The doctor raised the subject of us being her Guardian, and I assumed he meant adopting her. If we adopted her, then of course she could enter immediately as a child under the age of 21. Then the hospital would accept her as a lawfull US resident, and they would cover all expenses not covered by my insurance (which I would then put her on with no problem). I really dont want to have to go that route. For one thing I am beyond the age of having a young child full time, my house is in a community that I dont think would permit her living in as a permanent resident of the community, and it is frought with a myriad of other problems.

The B2 would work if it could be extended for her whole regimen of treatment. B2 Visas, to the best of my knowledge, are temporary and usually ninety days or less. This surgical, medical, and rehabilitation would take between one and two years.

Basically I think we are up the creek without a paddle, but I hate to give up and just watch her slowly die.

[Boiler 45,486]

VWP is 90 days

B2 is usually 6 months, but can be longer and can be extended.

Does not sounds like we are dealing with an orphan.

Adoption in itself provides no immigration benefit.

I assume you are in a Group Plan, putting a few million on the claims experience might not be appreciated.

Generally the US is the last place to go for medical treatment, unless you have lots of money or no other option. I would look for other locations where the costs are more reasonable.

Communities do not allow children? No that it matters.

[rika60607 215]

You are definitely up the creek...

you have to deal with several issues which are very complex, not to say impossible.

I do not think immigration is a likely path for her now... she can not be adopted for the purpose of immigration.

B2 visa is very possible - they can be given up to 10 years, although may be not in every country.

Insurance will not allow you to add her to your plan unless she is adopted. Gardianship is not enough. Even if you miraculously adopted her, insurance may charge you $5K a month - they will not be able to deny her, but they will be able to set up a prohibitive premium. If it is a group plan that you have (predetermined premiums), that may fly, but... you may soon find your employer canceling everyone's insurance once they see the increase in fees for the new insurance year...

All in all, I would think your best bet would be to get a written promise of free treatment from the hospital. With that you would be able to get a B1/B2 visa for her and have her here for treatment.

[LIFE'SJOURNEY 970]

as was stated by another poster "Generally the US is the last place to go for medical treatment, unless you have lots of money or no other option. I would look for other locations where the costs are more reasonable." I would look into countries such as Indian, they may be able to do this procedure at a fraction of the cost it is being charged in the US. This maybe something you may have to finance on your own.

[ekto 4]

My wife arrived in the US on a K1 Fiance Visa last July, and she received her Green Card many months ago. She Petitioned her two unmarried children both of whom are over the age 21, and each of them has two children. Both Petitions were approved in less than two months, however I then found out the quick approval is totally meaningless; since, the wait for an available Visa is currently 12 years for Philippine people with 2B priority.

One of her daughters children is a 5 year old girl named Euan. Euan has never stood up, and has very severe spinal deformities. These deformities if not surgically repaired soon after age 5 will cause her ultimate demise due to organ failure. Now I have a surgeon from a renowned institute here in the states willing to convince his Medical Center to accepte Euan and save her. The problem now is how can I get her here? We can't wait 12 years; she will be dead way before that.

Do any of you have knowledge that may help us.

Thanks as always,

Carl and Maria

Hi.

Maybe this US embassy in Manila site can help you start the process.

http://manila.usembassy.gov/wwwhni21.html

Goodluck. Hope for her soonest recovery.

[Bernie C 24]

They have this disclaimer

I also just read that on the Shriner's site. However even if they cannot accept a patient from outside the countries listed it might be worth calling them to see if they can provide and information or resources on other agencies that could help.

There is a Shriner's Hospital here in my home town and they are a wonderful and fantastic organization. Just this year they were talking about shutting it down but the public outcry and support was so overwhelming it will remain. This place is a fixture of our community.

A phone call would be worth the effort - you never know if you may be able to get a lead to another avenue.

My link

[wizzard1663 0]

You are definitely up the creek...

you have to deal with several issues which are very complex, not to say impossible.

I do not think immigration is a likely path for her now... she can not be adopted for the purpose of immigration.

B2 visa is very possible - they can be given up to 10 years, although may be not in every country.

Insurance will not allow you to add her to your plan unless she is adopted. Gardianship is not enough. Even if you miraculously adopted her, insurance may charge you $5K a month - they will not be able to deny her, but they will be able to set up a prohibitive premium. If it is a group plan that you have (predetermined premiums), that may fly, but... you may soon find your employer canceling everyone's insurance once they see the increase in fees for the new insurance year...

All in all, I would think your best bet would be to get a written promise of free treatment from the hospital. With that you would be able to get a B1/B2 visa for her and have her here for treatment.

Rika

Thanks for all the input. I wasn't aware that if we adopted Euan she could not then be brought over as a child under the age 21 of a Permanent Resident. If that is the case, and it sounds like it is, then the most probable path to success is likely cut off.

The problem with the B2 is that the hospital is not currently accepting patients from any areas outside the four specified in their web site. That is why the doctor mentioned us becoming her Guardian in our phone call. He said that if she were a Resident of one of the four countries he could definitely get her into the program. He didnt cut off that avenue completely in our conversation, but it didnt sound likely if she were not legally a Resident of one of the four places. Your input on a B2 being able to be extended for long periods of time is very encouraging. I could likely get her here on a B2 under the category of Visit For Medical Treatment. Now if I could find a place like Shriners that isn't locking out everyone not from the US, Canada, Mexico and Panama (I understand the other three, but why Panama?), we may have a way to help Euan.

Everyone Else who responded

Thanks to all of you. I havent been active on Visa Journey since my beloved arrived here last July. We married immediately, things have been as wonderful as we all hope for, and a full year is almost upon us. When I brought Maria here I didnt bargain for this new Journey, but it doesnt bother me. That is what love is all about.

Carl

[Boiler 45,486]

10 years is the usual duration of the visa, not the period of entry.

[wizzard1663 0]

10 years is the usual duration of the visa, not the period of entry.

Boiler

I'm hoping I have misunderstood something, but I don't think so. When you say 10 years is the duration of the Visa, and not the period of entry, it seems you are saying the Visa once granted is only good for ten years but you do not have to wait 10 years to get a Visa. My understanding is the Visa once granted is Permanent, but the current wait time for a Visa to be available is 10 years (actually the current wait time for Philippine people is 12 years and not 10). The current Visa Bulletin for June 2010 shows Priority category 2B for people from most countries is far less than 10 or 12 years, but they list four countries they are penalizing. One of those unfortunate countries is the Philippines. When you read the chart on the current Visa Bulletin for those from the Philippines for Priority 2B the current Priority Date being processed is March 1999. By my way of calculation that is a bit over 11 years.

Am I misinterpreting what you were saying, or am I correct?

[LIFE'SJOURNEY 970]

No, he is saying that a B2 visa can be granted for a 10 year period or for a little as 2 years. I would suggest before you look at visa types, I would concentrate on what type of Guardianship you would be acle to obtain over the individual. Adoption seems like it would be a long shot.

[JimVaPhuong 4,863]

Is there a name for this spinal deformity? Is there a charitable organization in the US that helps patients with this disorder? If so, they might be able to help you find resources within the US to make this possible.

You may be able to find a hospital other than Shriner's that will cover the costs. You may even be able to find a corporate sponsor that will pay for it. Most corporations set aside money every year for "good citizen" charitable work. I wouldn't count on any insurance company picking up the tab for this.

What Boiler said about the B2 is that the visa itself may have a validity of 10 years, but the length of authorized stay on the I-94 is usually limited to 6 months max. This means you could use the B2 multiple times over the span of 10 years, but not stay for more than 6 months on any one visit.