Humanitarian Visa DENIED!! Help please!!

[Justine+David 218]

Thanks, Boiler. I know a bit about CIMT, but nothing much about drug conviction waivers. Of course, if there is no waiver, that's probably why

[Jawaree 718]

OP from your 1st post (no judgment) I got the

feeling You would rather give up the marriage than

move anywhere...that is your choice, only U walk in

your shoe....have you fallen a tad-bit out of love

with him due to his past that's now confronting U &

the immigration stress.? I hope U will sort out the

father daughter relationship as U seek info on how a

divorce would affect him visiting...he should not

apply again for visiting visa, waste of money it will

always be denied.

He should keep his job & keep his nose clean (GOD Forbid)

if there's a true verifiable life and death matter concerning U or

daughter he can apply for a "D3" visa, the only visa allowed

for those with permanent bars, not easy to get, however a SOS

from a reputable hospital along with other evidences showing

the situation can help, one is almost monitored by ICE with

this visa and cannot adjust or get any immigration benefits

sadly it does not work for visits...U will have to start

visiting him

[*Snowdrop* 604]

I think you are pretty set on not moving to the UK. However, as someone else said. The NHS can be awful but it depends where you live. There are some really amazing trusts and hospitals available. Also - you can pay for private treatment if you wish to bypass the queues faced for some medical issues.

I don't want to get too off topic but I have a recent personal experience of just how amazing the NHS can be. My Mum was diagnosed with late stage cancer last year and the care given to her by everyone from the family doctor to the cancer and hospice specialists was so brilliant. And no worry about any fees or bills.

Where does your fiance live? Can he move somewhere with better services?

[Boiler 45,913]

d3 is the waiver attached to a non immigrant visa.

[RN1234 2]

I'm off from work today so I am going to contact some of the Lawyers mentioned on here.

I really know in my heart there is no waiver for him unfortunately. I can tell you all one thing, I have a lot of apprehension moving to the uk.

A lot of you said that if you were in my shoes you would just move to uk. Well I have given it a try, when our daughter was born I quit my job moved to the uk with her when she was just 6 weeks old. I was having such a difficult time with my post partum depression, it got so bad to the point where I didn't leave the apartment for over 3 weeks.

I learned that I am no good to my daughter if I am not in a good mental state.

Anyways to clarify some questions on here:

My husband and I never did a marriage visa yet. We did countless number of be tourist visas and k1 fiance and the humanitarian.

We were advised by lawyers that the Humanitarian is the last option because I have the responsibility of taking care of my elderly father who unfortunately has suffered many strokes and is now semi paralyzed. So I was praying that this would go through but didn't.

The only option I was told I have now is H1 or E visa or L visa. The reason is because these visas have dual intent. Meaning you can have a family in usa and come for work or living etc. But other visa like tourist do not have dual intent.

Please offer any other advice.

[Mark88 184]

Did you already try H1-B, L or E?

[Boiler 45,913]

Humanitarian Parole requires an urgent reason or significant public benefit.

E's are not dual intent, L or H1b are.

[Hypnos 6,578]

If a waiver is out of the question (and it seems to be) and you won't move to the UK then you are out of options.

[Jawaree 718]

Humanitarian Parole requires an urgent reason or significant public benefit.

E's are not dual intent, L or H1b are.

Boiler am always willing to learn lol..can a person

with a permanent bar get HIb or L visa?

See "D3" (non immigrant visa) is the only visa I thought

would allow a permanently barred person to set foot temp.

on US soil again.Humanitarian hmmm seem that would be a

very long shot

Edited May 8, 2014 by Jawaree

[Boiler 45,913]

I remember reading of someone on a E1 with a false claim to US Citizenship waived.

[RN1234 2]

What seems to make me really angry is that for people with money or celebrities or other public officials the US immigration people turn their head and look the other way and let them in. For example Paul McCartney or Russell Brand or amy weinhouse they all have criminal convictions for controlled substances but yet are let into the US.

But when it comes to the average Joe like my husband it's always NO. I was also told by many lawyers that after 15 years from the last conviction he can then apply for a waiver. But since 15 years has not passed since the last conviction I must wait.

I sometimes just wish all this drama would go away. I love my husband very much but I just can't continue living a life alone and I don't feel it's fair that I have to drop everything I worked so hard for.

So is the D3 visa similar to humanitarian parole visa? Because I was told the humanitarian is for situations like caring for an elderly or hospitalization etc.

[RN1234 2]

What about filing for a spouse visa then being denied and then just filing an i601 waiver?? Would immigration people even read it??

[Boiler 45,913]

He has no basis to file, he would not be offered that opportunity.

[Jawaree 718]

A person can file an initial I 130 & spend that money.

Any I 130 gets approved at USCIS as long as petitioner

are related in any manner legally that qualify them as

immediate family or spouse, ots not a visa approval.....USCIS

NVC gets approval from uscis and do FBI, Condor, Mantis,

NCIC Interpol etc also collect payments (thorough background checks)

All hits that shows not qualified (barred) or if a marriage not bonafide

is returned ..Denied that's Y atty consultations help U fro wasting money.

If by some miracle its sent to the UK Embassy for him to interview, the CO

decision stands above all & will not issue him a 221G approval to file a

waiver, some makes it to this point & get the greatest letdown = paper sayig

barred. ..here money is wasted on medical again.

If one is hard-headed and insist they deserve a 221G an atty, only an atty

can file an "Advisory Opinion" waste of money its almost impossible to show

that a CO erred.attys charges a lot additionally to file this.

But do the consult see if an atty can suggest something we here are not attys

ask them if after 15 yrs he may try again or pray for new laws to pass,or its

decision time on where to live

Edited May 8, 2014 by Jawaree

[Journeyer 17]

What seems to make me really angry is that for people with money or celebrities or other public officials the US immigration people turn their head and look the other way and let them in. For example Paul McCartney or Russell Brand or amy weinhouse they all have criminal convictions for controlled substances but yet are let into the US.

Laws are for the little people, not for celebrities, and especially not for politicians holding high offices, like congress. We have no one but ourselves to blame, we elected these corruptocrats and watched them create a billion laws that they selectively enforce and which never apply to them. Maybe we should start voting in normal citizens, like us, instead of career politicians?

Sounds like you have made up your mind that moving is not an option. So I guess the only thing left is more lawyers and hopefully some type of legal solution. Best of luck

I would move to Siberia or China to be with my wife. But everyone is different.

Edited May 8, 2014 by Journeyer