VISA expedite request. do they make the visa priority date current???

[calvm 10]

Hi! I am currently in California, my mom applied for my i-130 last year. I'm a married daughter of a US citizen over 21. I have an H1B visa issued for work and it's about to expire. I am a victim of Haiyan and my house in the Philippines was destroyed and is now uninhabitable. I applied for an expedite about 2 weeks ago and the I-130 was approved a week later, however, in the approval letter, it was stated that I cannot adjust my status until my priority date is current and that the USCIS will be keeping my approval notice until I will be able to adjust my status. This means a 20-year wait time and I will have to go home and wait for my visa there. We have sent another request to the USCIS to let me adjust my status but we are still waiting for the response. I have a 6-month old american-born daughter and to have to go home with her to a devastated place with no work available is just heart-breaking. Do they expedite the visa availability too for humanitarian reasons?

Sorry but they wont approve any petition if the PD is not current.

Why can't you get your H1B renewed? Is it that you have hit your 6 year limit? If so the only choice is to leave for 1 yr and come back on H1B. Otherwise you will be out of status.

The only way you can waive 6 yr H1B limitation is if you have approved I-140 (which will take 2 weeks on premium processing in itself). But needs a labor petition which can take 6-8 months time unless you file a EB2 National Interest Waiver petition (the qualification for this is very high) - typically if this is the case you can easily apply for O1 visa and skip H1B all together

Also can you change to H4 or other status based on your spouse's visa?

[maweepaoee 0]

Sounds like we'll see you in 20ish years, give or take.

Having a child in the US doesn't confer any sort of immigration status or preferential treatment. It can always stay here with the father rather than going back to the Philippines.

Her father is my H4. Oh well.

[maweepaoee 0]

At this point I think you've already received all the expedites you are likely to get; I don't think there is any provision in law to allow you to jump to the front of a family-preference queue in the manner you are asking for, but consulting with an immigration attorney to ask would be a good idea.

But they can give me a humanitarian visa if I apply for it, right? It's on the USCIS website.

[Hypnos 6,578]

You can ask, as the worst they can say is no. The bar is quite high for humanitarian situations like that, and is only decided on a case-by-case basis; I'm not even sure it's within USCIS' power to grant it, in this specific situation.

[Avery Cates 1,141]

there is no requirement to return to one part of PI. Or PI at all.

It's like a bar closing for the evening.

"You don't have to go home, but you can't stay here."

But they can give me a humanitarian visa if I apply for it, right? It's on the USCIS website.

They technically could.

Whether or not they will I would rate as highly unlikely.

[Boiler 46,144]

A bar does not care where you go, just that you leave on time.

US, UK, PI, all the same.

Edited March 13, 2014 by Boiler

[maweepaoee 0]

You can ask, as the worst they can say is no. The bar is quite high for humanitarian situations like that, and is only decided on a case-by-case basis; I'm not even sure it's within USCIS' power to grant it, in this specific situation.

who grants it then?

[Hypnos 6,578]

You misunderstand. I don't think anyone can grant it.

[David & Diana R 1,005]

Hi! I am currently in California, my mom applied for my i-130 last year. I'm a married daughter of a US citizen over 21. I have an H1B visa issued for work and it's about to expire. I am a victim of Haiyan and my house in the Philippines was destroyed and is now uninhabitable. I applied for an expedite about 2 weeks ago and the I-130 was approved a week later, however, in the approval letter, it was stated that I cannot adjust my status until my priority date is current and that the USCIS will be keeping my approval notice until I will be able to adjust my status. This means a 20-year wait time and I will have to go home and wait for my visa there. We have sent another request to the USCIS to let me adjust my status but we are still waiting for the response. I have a 6-month old american-born daughter and to have to go home with her to a devastated place with no work available is just heart-breaking. Do they expedite the visa availability too for humanitarian reasons?

I am so sorry this is happening to you. But I think most are correct here in saying you will have to go back to the Philippines or some other country and wait. It really sucks but that's just the way it works.

God Bless

[caliboy15 1]

maybe Michael Gurfinkel can help you

[Boiler 46,144]

I will give you an example, someone not eligible for a visitor visa has a relation who is on their last legs, turns up at the Border and asks for Humanitarian Parole to come and see them one last time.

You seem to want to just stay here without any basis, why not concentrate your efforts on the options you do have?