Please Help for MEDICAL NECESSITY!!(merged)

[Amy&Aldo 2]

My friends from the Dominican Republic have a 10 year old daughter with a rare medical condition, and they have been bringing her to Salt Lake City, UT for treatment every 6-12 months. This last year her condition has worsened greatly, and the doctors are telling the family they need to move here so she can receive weekly injections. Without treatment she will become permanently paralyzed and disfigured. The treatment is not available in the Dominican Republic, and the doctors there are unwilling to treat her. The family is willing to move, but they have another 15 year-old daughter who they need to bring with them. What is the best and quickest route for them to legally immigrate? What types of visas should we look at getting, and can they be expedited due to medical necessity? They have plenty of people willing to sponsor them. 

[milimelo 4,481]

B-2 medical visa for all. Show proof of being able to cover the treatment, proof of no treatment availability in DR and letters from doctors. And this is not an immigrant visa, once treatment is done they head back to their home country. 

[Amy&Aldo 2]

What if treatment will never be done? She will need treatment for the rest of her life. 

[JFH 12,190]

Is there another country where this treatment is available? Can’t imagine it’s only possible in the US. Also, how will they be paying for it? They won’t be able to immigrate here just because if the medical treatment. It would probably be cheaper for them to buy the medication and hire a nurse at home to administer it. 

[Boiler 45,527]

To immigrate they have the same opportunities as anybody else, there may be public charge issues dependent on the cost of the treatment.

 

Not sure why they can not get injections carried out locally, that would be something they should investigate.

[Amy&Aldo 2]

My friends from the Dominican Republic have come to the US three times over the past two years on a tourist visa in order for their 11 year-old daughter to receive medical treatment.  Each time they stay for about two weeks--just long enough to see the specialist, get an updated treatment plan, and to purchase the medications she needs until the next visit.  Doctors in the Dominican Republic have been unable to treat her. They just came again last week to meet with the doctor, and they have now learned that their daughter's condition has become much worse and the current medications she is taking are not working.  The disease she has causes severe bone deformities and leave her prone to fractures.  She is currently in a wheelchair and is in constant pain. At her last appointment, the doctor recommended that they move to the US so that their daughter can begin receiving bi-weekly injections that are not available to her in the Dominican Republic.  The doctor says she needs to start treatment as soon as possible, and she will need to continue the treatment until she is at least 18, and possibly for the rest of her life.  I am aware that there are medical visas, but these are only for a maximum of 6 months, so that doesn't help any more than a tourist visa.  Does anyone know what success this family might have in adjusting status from the tourist visa in this situation?   The doctor and children's hospital are willing to write letters in support of this, and they have all medical records to prove her condition. They currently have return flights scheduled for August 3rd, but this new information has them very concerned, and they want to consider what is in the best interests of their daughter.  

 

One additional piece of information--they have two other daughters in the D.R. who they have left in the care of family members.  One is 13 and the other is almost 18.  If they stay and try to adjust status, is there any hope of bringing the 13 year-old to join them?   

 

I appreciate any advice or knowledge anyone has!  

Edited July 26, 2019 by Amy&Aldo

[geowrian 22,337]

What family members do they have in the US to petition them? Without that, there’s not a legal path (barring investment, employment, etc. visas, which don’t really apply here).

 

If they were able to adjust status, they could then petition the other family members. Just know that AOS + the I-130s for them afterward is going to be a 2-3+ year journey before they can come to the US...assuming the eldest doesn’t age out (then it goes to another 6 years or so on top of that?).

[Ontarkie 14,227]

~~Duplicate thread merged Please do not start more than one thread for the same or related questions~~

~~moved to What Visa Do I Need, from Off Topic - The OP is asking for possibilities for friends~~

Edited July 26, 2019 by Ontarkie

[Boiler 45,527]

On what basis would they be seeking to adjust?

[aaron2020 11,651]

They would have zero chances of adjusting status. 

 

There has to be a basis in the law for them to adjust status.  You haven't stated one.

 

People can not just adjust status for a green card because they have a sick child.  There is no basis in the law for them to adjust.

 

They can file and it might be accepted, but ultimately they would be denied for filing a frivolous application.  With a denial and potential overstay, their tourist visas will be revoked and they may be ban from the US.

 

Sorry.

Edited July 26, 2019 by aaron2020