legal help APPLICANT is SPECIAL NEED PERSON only child F2B visa pending in NVC.. wants to apply for B2 visa

[Mcjz 0]

Good day

I desperate for legal help and advice for my niece.. hear me closely.. she is  over 21 years old with approved F2B visa petitions..  she is person with disabilities (cerebral palsy ) since birth with seizures occasionally.. she is only child dependent  of my sister and brother in law who live in US.  3 years ago, My sister who took care of her since birth is already in US. (Spouse visa of LPR) recently, last April 2022 to July  2022 her parents had a vacation her in Philippines. We need a big help from consular and senate office to take a look to her petition case to expedite to a ground of SPECIAL DISABILITY PERSON. Or could it be possible can granted her a B2 visa ? her case is took so long and her both parent is not with her in everyday of her life since April 2019. ( the day my sister travel to US). Her companion in her household is her 78 years old grand mother.😞 sometimes if had seizures attack her grand mother had high blood pressure because of nervousness and lock of things knowledge to her seizures problem. I’m 3 blocks away from her house.. we lucky when he have attack I’m available to attend her and help her to regain herself. But I’m also under petition with my husband.. I keep thinking about her? Soon I will travel too. Her parents and I keep on thinking how we can help her to live with her parents in the US with out giving up their work and spend the whole time with her? Please help me to get through with this errand.. and hope those who in government office can help her to reunite with her parents.

[nastra30 2,263]

What is your niece's priority date on her approved petition? Unfortunately, approved petitions for F2B mean nothing until a visa number becomes available. So based on timelines you've provided I don't think she is going to get a visa anytime soon and nothing consulate or senator will be able to do at this point to help.

Currently, visa numbers are available for F2B Philippines citizens with priority date Oct 22, 2011.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-november-2022.html

 

Also, I'm guessing she wasn't included in her mom's F2A petition because at that time she was still over 21?

 

Also, of course she can apply for a B2 visa but her chance of getting it is slim to none. B2 is for visiting as a tourist and not for living in the US. Hence, she will have to proof strong ties to her home country.

 

[Aluvaboy 62]

56 minutes ago, Mcjz said:

Good day

I desperate for legal help and advice for my niece.. hear me closely.. she is  over 21 years old with approved F2B visa petitions..  she is person with disabilities (cerebral palsy ) since birth with seizures occasionally.. she is only child dependent  of my sister and brother in law who live in US.  3 years ago, My sister who took care of her since birth is already in US. (Spouse visa of LPR) recently, last April 2022 to July  2022 her parents had a vacation her in Philippines. We need a big help from consular and senate office to take a look to her petition case to expedite to a ground of SPECIAL DISABILITY PERSON. Or could it be possible can granted her a B2 visa ? her case is took so long and her both parent is not with her in everyday of her life since April 2019. ( the day my sister travel to US). Her companion in her household is her 78 years old grand mother.😞 sometimes if had seizures attack her grand mother had high blood pressure because of nervousness and lock of things knowledge to her seizures problem. I’m 3 blocks away from her house.. we lucky when he have attack I’m available to attend her and help her to regain herself. But I’m also under petition with my husband.. I keep thinking about her? Soon I will travel too. Her parents and I keep on thinking how we can help her to live with her parents in the US with out giving up their work and spend the whole time with her? Please help me to get through with this errand.. and hope those who in government office can help her to reunite with her parents.

Health care  and  paid dependent care are very very expensive in the US. Even if your niece is allowed into the country on an immigrant visa, she is not going to be able to fend for herself because of her cerebral palsy issue. Your sister and husband will have to provide her all the care she will need. No government help is going to be available until your niece becomes a citizen , which may be many years down the road. Whoever is signing the affidavit of support  (sponsor/co-sponsor) for your niece will be liable to reimburse the govt. if any public assistance is ever used. In my opinion, the best option is to arrange paid long term care in your home country (assuming it is cheaper there). I sympathize with your situation!

Edited November 3, 2022 by Aluvaboy

[SteveInBostonI130 3,379]

There are no legal paths for F2B expedite until a visa becomes available, which seems to be about 11 years from PD for the Philippines.

[Mcjz 0]

Her PD is SEPT 2016.. we will wait more years😞. Visa bulletin still no movement for F2B visa. She is 33years old right now and dependent for everything😞 I’m think the time they separate to each other.. there’s a lot of memories and times had been wasted.. our child is best gift we had and precious time being together is thrown away. I hope it could be current status very soon.

[Mcjz 0]

35 minutes ago, SteveInBostonI130 said:

There are no legal paths for F2B expedite until a visa becomes available, which seems to be about 11 years from PD for the Philippines.

Yes. Just miracle and consideration .. I hoping for all kind of twist of scenario.. if I can speed up process😞

[Mcjz 0]

44 minutes ago, Aluvaboy said:

Health care  and  paid dependent care are very very expensive in the US. Even if your niece is allowed into the country on an immigrant visa, she is not going to be able to fend for herself because of her cerebral palsy issue. Your sister and husband will have to provide her all the care she will need. No government help is going to be available until your niece becomes a citizen , which may be many years down the road. Whoever is signing the affidavit of support  (sponsor/co-sponsor) for your niece will be liable to reimburse the govt. if any public assistance is ever used. In my opinion, the best option is to arrange paid long term care in your home country (assuming it is cheaper there). I sympathize with your situation!

Monetarily issue yes it cheaper here .. since 2019 my niece was lived with different household. we hire health care person who look at her still the compassion and true concern for my niece is always absent to someone who not her parents or auntie.

[SusieQQQ 11,586]

It’s confusing to me why her parents would have chose to leave her in the first place given how you have described the situation. Surely at least one can stay with her till she gets her visa?

 

 

Edited November 3, 2022 by SusieQQQ

[nelmagriffin 144]

Greetings!

In the case of F2B application, the approval is not at all the problem, it is the waiting of the visa availability. And unfortunately, it will run from 11 to 12 years. Many of the approved and documentarily qualified F2B applicants are still waiting for their interview due to this pandemic.

I think they can try to apply for a visit visa, but then again, the applicant herself needs to prove a strong tie to the Philippines which is a little harder since you mentioned that she is dependent with care and everything, but there is no harm in trying.

Goodluck! NG

[Mcjz 0]

6 minutes ago, nelmagriffin said:

Greetings!

In the case of F2B application, the approval is not at all the problem, it is the waiting of the visa availability. And unfortunately, it will run from 11 to 12 years. Many of the approved and documentarily qualified F2B applicants are still waiting for their interview due to this pandemic.

I think they can try to apply for a visit visa, but then again, the applicant herself needs to prove a strong tie to the Philippines which is a little harder since you mentioned that she is dependent with care and everything, but there is no harm in trying.

Goodluck! NG

11 minutes ago, SusieQQQ said:

It’s confusing to me why her parents would have chose to leave her in the first place given how you have described the situation. Surely at least one can stay with her till she gets her visa?

 

 

that thing is behind my knowledge.. last 2019 before my sister travelled to US. They tried to get visit visa. But unfortunately it was denied.. and CO advice to get immigration lawyer.. and CO said she will give endorsement for my niece situation.. after that, I don’t know what progress her parents do?

6 min

Greetings!

In the case of F2B application, the approval is not at all the problem, it is the waiting of the visa availability. And unfortunately, it will run from 11 to 12 years. Many of the approved and documentarily qualified F2B applicants are still waiting for their interview due to this pandemic.

I think they can try to apply for a visit visa, but then again, the applicant herself needs to prove a strong tie to the Philippines which is a little harder since you mentioned that she is dependent with care and everything, but there is no harm in trying.

Goodluck! NG

[Boiler 45,077]

She can certainly apply for a B bit in the circumstance you describe I am not sure it would help, it is for visiting.

 

Makes me wonder if she could get travel insurance or how it would work flying that far.

 

 

[Mcjz 0]

14 minutes ago, Boiler said:

She can certainly apply for a B bit in the circumstance you describe I am not sure it would help, it is for visiting.

 

Makes me wonder if she could get travel insurance or how it would work flying that far.

 

 

Yeah . Maybe it could.. we do all kind of possibilities. Solid ties?  I think the only possible ties is her parents honesty that she will spend time with them temporarily till the F2B visa will turn current.. or I had something crazy in my mind? Bear me with this. How if?? They cancelled her F2B and apply for multiple re-entry visa? So between time to time they can spend life together in same place?

Edited November 3, 2022 by Mcjz
Typo

[Boiler 45,077]

You seem to assume she would be granted a B

[belinda63 3,026]

There is no expedite of a visa when the priority date is not current. 

One of the parents could apply for a re-entry permit which would allow them to spend a couple of years out of the US to help care for the child

The child could apply for a tourist visa but it sounds like the odds of getting one are slim to none. She has no ties to her country and strong ties to the US, no job, no property, etc that would compel her to return after her visit. And it sounds like she would need an escort for the travel.

Healthcare in the US is extremely expensive. A visiting nurse can run you $70/hour depending on the area. Even just a home health aid can run $20-30 per hour.  A single trip to the doctor can cost over $300 plus any lab tests or x rays. Have the parents looked into the cost of medical insurance.

 

[SusieQQQ 11,586]

20 minutes ago, Mcjz said:

Yeah . Maybe it could.. we do all kind of possibilities. Solid ties?  I think the only possible ties is her parents honesty that she will spend time with them temporarily till the F2B visa will turn current.. or I had something crazy in my mind? Bear me with this. How if?? They cancelled her F2B and apply for multiple re-entry visa? So between time to time they can spend life together in same place?

Why on EARTH would you cancel an approved immigrant petition in the (probably futile) hope she can get a B visa? All her real ties seem to be in the US, as others have said, she is very unlikely to get a B. I suggest one of the parents gets a re-entry permit and goes home to take care of their dependent daughter until she can move permanently to the US.