Any experiences expediting a K-1 visa at the request of a non-profit?

[SteveInBostonI130 3,432]

43 minutes ago, K-9 Visa said:

Thanks, I heard this message when I called the USCIS yesterday for the expedite request (you can't get an expedite request by phone but Ask Emma worked). I found this press release: https://www.uscis.gov/newsroom/alerts/dhs-implements-new-processes-for-cubans-haitians-and-nicaraguans-and-eliminates-cap-for-venezuelans

 

My question is, can I apply for Parole when I have a K-1 pending? The press release says,

 

That doesn't say that you can't apply for Parole if you have another visa pending. I'll try to file I-134A today and see if it asks about pending visas.

 

Have you checked the wait times for humanitarian parole?

[Boiler 45,445]

1 hour ago, SteveInBostonI130 said:

 

Have you checked the wait times for humanitarian parole?

Generally pretty quick, obviously a lot more to be processed now.

[SteveInBostonI130 3,432]

From USCIS website:

 

Quote

Processing Website Alert – Parole Processing Times

 

 

Normally, the USCIS Humanitarian Affairs Branch adjudicates most parole requests within 90 days of receipt. If you do not submit required evidence at the time of filing or if we need to ask you for additional information, it will take us longer to process your case.

 

We are currently receiving an extremely high number of requests for parole. While we try to process all urgent requests for parole quickly and efficiently, petitioners should expect to wait significantly longer than 90 days for their parole request to be processed right now. It will take time for us to work through the unprecedented number of parole requests we have received since fall 2021 and return to normal processing times. We are taking the necessary steps to return to target processing times by the end of fiscal year 2023, if not sooner.  

 

Not sure what they mean by "significantly longer".  I searched for processing time/wait time but could only find the above.

[K-9 Visa 11]

13 hours ago, Boiler said:

https://www.federalregister.gov/documents/2023/01/09/2023-00252/implementation-of-a-parole-process-for-cubans

That's a long document! Everything looks good:

 

Quote

The two-year period will also enable individuals to seek humanitarian relief or other immigration benefits, including adjustment of status pursuant to the Cuban Adjustment Act, Public Law 89-732, 80 Stat. 1161 (1966) (8 U.S.C. 1255 note), for which they may be eligible, and to work and contribute to the United States.

It looks like my beautiful fiancee, if she's approved for parole, would have two years to wait for her K-1 visa, or apply for adjustment of status under the 1966 Act (a year and a day after arrival in US, if I remember correctly), or another policy. The beneficiary section doesn't say that you can't apply if you've applied for a visa. I'll go ahead and apply today.

 

[Boiler 45,445]

Cubans can apply for adjustment on their own after a year and appears to be better for you

[Boiler 45,445]

35 minutes ago, SteveInBostonI130 said:

From USCIS website:

 

 

Not sure what they mean by "significantly longer".  I searched for processing time/wait time but could only find the above.

I assume that is regular Parole no doubt swamped with the new opportunity and focusing on those

[agrabs 241]

I am A doctor of Optometry and have been in practice for 31 years.  I can tell you that first of all - there is not a shortage of optometrists, and all optometrists are trained to do low vision.    Secondly I hold 3 state licenses and the credentials for each state are different and very specific.  Have you looked into what it will take to get licensed in that state?  I recently applied for a license in another state and It took months to get licensed and all my education and training was done here in the states.  I had to jump thru hoops to get the state of Wisconsin to accept my general and ocular pharmacology hours and I hold both a DEA and BNDD license in 2 other states.  Unfortunately  Optometry doesn't offer reciprocity between states.  They do have licensure by endorsement between states but that means you have to have already been in practice for a certain period of time in your state.  Even volunteer work would require you to be licensed in that state.  Make sure your fiance knows what she will need to do to get licensed to practice in your state.  Has she taken the NBEO exams?  if not I would start there as they are required in every state.  Getting licensed here  could take as long or longer than getting your EAD.  There is no expediting the licensure process

[agrabs 241]

https://www.ryancorte.com/post/how-does-an-international-optometrist-practice-in-the-usa

 

as a follow up to my previous post I would like to add that unless she graduated from an accredited school of optometry in the United States she will not be able to get licensed here.  My point being that an expedite will not do any good because she will not be able to practice optometry here without additional education/ training/ licensing

[K-9 Visa 11]

1 hour ago, agrabs said:

https://www.ryancorte.com/post/how-does-an-international-optometrist-practice-in-the-usa

 

as a follow up to my previous post I would like to add that unless she graduated from an accredited school of optometry in the United States she will not be able to get licensed here.  My point being that an expedite will not do any good because she will not be able to practice optometry here without additional education/ training/ licensing

The nonprofit wants her to do outreach to Spanish-speaking communities about low vision and other eye diseases. She would then refer patients to the clinic. She speaks Spanish and is trained in Community Medicine and completed a three-year mission to Venezuela where she provided vision services to all income categories. Outreach is one of the foundations of Cuban medicine. Doctors are responsible for the health of a village or barrio and talk to their patients about their relatives who need a house call. Cuban healthcare is a different model that better fits this nonprofit's needs than American optometrists.

[Boiler 45,445]

The good news is that Parole EADs are coming through pretty quick

[agrabs 241]

1 hour ago, K-9 Visa said:

The nonprofit wants her to do outreach to Spanish-speaking communities about low vision and other eye diseases. She would then refer patients to the clinic. She speaks Spanish and is trained in Community Medicine and completed a three-year mission to Venezuela where she provided vision services to all income categories. Outreach is one of the foundations of Cuban medicine. Doctors are responsible for the health of a village or barrio and talk to their patients about their relatives who need a house call. Cuban healthcare is a different model that better fits this nonprofit's needs than American optometrists.

So if I am understanding you correctly she will basically be providing translation services?       If she is only going to be translating then I wouldn't think that would be a reason to expedite as there are plenty of translation services available to the medical community.  We use them everyday in our practice. All providers who receive federal funds from HHS for the provision of services are obligated to make language services available to those with Limited English Proficiency (LEP) under Title VI of the Civil Rights Act and Section 504 of the Rehab Act of 1973.   

www.medicaid.gov/medicaid/financial-management/medicaid-administrative-claiming/translation

If she is going to be giving advice or making referrals based on clinical assessment - she will need to be licensed.  If she is interested in providing optometric care in the US feel free to pm me and I can send you links to help her get started with what is needed for education, licensing and malpractice info.

[SalishSea 17,801]

1 hour ago, K-9 Visa said:

The nonprofit wants her to do outreach to Spanish-speaking communities about low vision and other eye diseases. She would then refer patients to the clinic. She speaks Spanish and is trained in Community Medicine and completed a three-year mission to Venezuela where she provided vision services to all income categories. Outreach is one of the foundations of Cuban medicine. Doctors are responsible for the health of a village or barrio and talk to their patients about their relatives who need a house call. Cuban healthcare is a different model that better fits this nonprofit's needs than American optometrists.

Regardless, she needs the appropriate licensure/credentials in order to practice medicine in the United States.   If what you are describing is more like social work, then she would not be working in the capacity of an optometrist.

 

You also have not acknowledged the fact that she will need a green card or EAD to volunteer.

Edited January 14, 2023 by Jorgedig

[K-9 Visa 11]

1 hour ago, agrabs said:

So if I am understanding you correctly she will basically be providing translation services?       If she is only going to be translating then I wouldn't think that would be a reason to expedite as there are plenty of translation services available to the medical community.  We use them everyday in our practice. All providers who receive federal funds from HHS for the provision of services are obligated to make language services available to those with Limited English Proficiency (LEP) under Title VI of the Civil Rights Act and Section 504 of the Rehab Act of 1973.   

www.medicaid.gov/medicaid/financial-management/medicaid-administrative-claiming/translation

If she is going to be giving advice or making referrals based on clinical assessment - she will need to be licensed.  If she is interested in providing optometric care in the US feel free to pm me and I can send you links to help her get started with what is needed for education, licensing and malpractice info.

Thanks for playing the devil's advocate, in case a USCIS officer challenges our expedite request. How confident are you about your translators? I've looked at webpages about eye diseases and I can't understand them, and I speak English. I can't that imagine a translator who isn't trained in optometry could translate for an optometrist.

[K-9 Visa 11]

1 hour ago, Jorgedig said:

Regardless, she needs the appropriate licensure/credentials in order to practice medicine in the United States.   If what you are describing is more like social work, then she would not be working in the capacity of an optometrist.

 

You also have not acknowledged the fact that she will need a green card or EAD to volunteer.

The USCIS policy on expedite requests doesn't say that green cards or EADs are needed for these urgently needed vital services. Making these beneficiaries wait to start performing their vital services would defeat the purpose of expediting their visas.

[TBoneTX 45,258]

"Urgently needed" is codified in policy or confirmed by practice.

"Vital service" is the same, or opinion.

You're welcome to apply, but we've had two pages of people telling you that the chances are slim to none.