Expedite Denied - What Can I do?

[Unidentified 2,930]

Just assuming based on the poster saying to "care for"

Well there's a big difference in working as a caretaker and being a very close family member taking care of their dying parents. Working suggests you're getting paid which I doubt is the case. Caring for, means you're there offering support with whatever they need to feel comfortable in their lasts moments. That's my interpretation.

[Transborderwife 4,666]

Well there's a big difference in working as a caretaker and being a very close family member taking care of their dying parents. Working suggests you're getting paid which I doubt is the case. Caring for, means you're there offering support with whatever they need to feel comfortable in their lasts moments. That's my interpretation.

We tell people on VJ all Of the time that coming to look after an elderly relative or babysit is working without payment and not kosher on a visitors visa. It is the same in Canada.

[Unidentified 2,930]

I totally get that and if my parents were both dying at the same time I'd try my best to be there (although my parents don't even live in same country as each other and hate each other so it'd be even more difficult but...). But there is a child here that NEEDS her more. And presumably she has a legal obligation to be there for the child. It's looking like she can only be there for one or the other - and the sensible thing would be to stay with the child even if it's not the right thing to do emotionally for the parents. Somethings going to have to give.

Maybe it's because of my faith that I don't see death as a 'goodbye' or the end.

I totally understand your point. I was in a situation about a year ago where I was almost ready to say bye bye green card and go back to say goodbye to my father until my brother told me that coming home would not change the situation, my father was going to die either way.

I totally get that she has a legal responsibility towards this child, but if the parents doesn't have much time left than maybe the child can live with other family or friends since it wouldn't be for a long period of time.

[dwheels76 5,468]

THANK YOU for the positive comment in a thread of negativity. I can't give up hope, so why not try again?

Really sorry you are getting slammed when there is no reason to Many parents have to leave their children behind and he was with a family member unfortunately we all know life happens. Really sorry for your situation.

Why not apply to get the child a visitor visa and you file for him in the meantime. One of you would fly down there and be there at interview stating your case.

Nothing is impossible. People always saying no denial that you can't do yet I know someone who applied for visitor visa while his I-130 petition was at service center in security checks for 21 moths when he applied and he was approved. In US now since November going back just before his 6 months is up.

I said that to say NOTHING is impossible and you could apply and probably be seen fast. Give it a shot.

[Jawaree 718]

Trying to make a long story short ...

I brought my husband here 5 months ago on CR-1. We left his son with my mother in law (baby's mom is not in the picture, never was) in order to allow time for my husband to get a job, start working and find a home for us. Planned on filing for step-son this summer.

My step son's ONLY childcare is my mother in law who now has a visa to go take care of her dying parents in Toronto. So we filed for my stepson this month and requested an expedite.

Request DENIED.

This would cause a 2 year old to have no child care, as my mother in law NEEDS to leave the country ASAP. This would force my husband to quit his new job, move back to his home country (with no job and no place for him and his 2 year old to live), also causing us to lose our home in the US, our car, etc, as I dont make enough money to support everything while he is gone.

Is there anything I can do??? Should I request an expedite again??

TIA

I have not read any of the replies but heres my take on your post, surely this kid must have extended families on both sides even if mom is MIA

Moving back home with no job makes no sensible argument since a 2 yr old cannot be left alone in any coutry, even those at war.

Working here and saving to get the child & support the kid in the meantime is more like it.

He or his mom must have known a few decent ppl with no jobs to ask to board the kid at least for 12 mths, in the meantime you OP & MIL can drop in to

check on the kid without warnings , every -6 mths...if MIL did not migrate to Canada she has to at least leave after 6 mths.

Returning to nothing would not make sense nor would an expedite be gained that way.. Please vet & check anyone caring for the kid as very often

kids get left with cruel unkind & evil ppl and that kid is young. Cant the mom go on check on her own kid to make sure the kid is safe at all times. I

understand your husband concern as a parent, but he cant help the kid with no job, <<<<I hope things work out for the family.

Please remind him the mothers consent is needed for the kid to travel, so if he know where she is & can be both civil that's best

Can his mom take the baby for a visit to Canada is she not migrating, he could visit the baby after he has a job on dome wkenfs to give his mom a break

I understand mom raise her kids already & it will be added stress but they will be sure the kid is dafe too

Edited May 8, 2016 by Jawaree

[Petes30 3]

Really sorry you are getting slammed when there is no reason to Many parents have to leave their children behind and he was with a family member unfortunately we all know life happens. Really sorry for your situation.

Why not apply to get the child a visitor visa and you file for him in the meantime. One of you would fly down there and be there at interview stating your case.

Nothing is impossible. People always saying no denial that you can't do yet I know someone who applied for visitor visa while his I-130 petition was at service center in security checks for 21 moths when he applied and he was approved. In US now since November going back just before his 6 months is up.

I said that to say NOTHING is impossible and you could apply and probably be seen fast. Give it a shot.

This was going to be my advise. Just had to read to see if someone said it yet.

A visitor's visa would be perfect for her situation.

[Boiler 45,772]

Wonder what happened.

[awills729 1]

giving the visiting visa a shot

[jan22 3,056]

giving the visiting visa a shot

It is HIGHLY unlikely that a visitor visa will be approved for a 2-year-old whose parent has already immigrated to the US, who has a pending I-130 petition where an expedite has been refused by USCIS, and whose designated caregiver is leaving the home country. This is a clear case of not qualifying under Section 214(b) of the INA -- the applicant for a visitor visa must overcome the legal presumption that they intend to go and stay in the US until they can demonstrate the reasons why they would need to return to their home country.

There is clearly no reason to return or even the means to do so. You will most likely be wasting the money ($160) and the time it takes to get the appointment and be denied. IMO, that time is better spent submiting another expedite request, in print not just by phone if possible, with supporting evidence of the situation.

[Boiler 45,772]

A visa for Canada?

[awills729 1]

Update:

We finally got our approval from USCIS on 10/13. The family member that was needing care passed away this week. My MIL was never able to make it to take care of her family, see her family one more time, and was never able to meet my stepson. The widow is 97 years old and completely alone with months left in this immigration case.