I'm here in California on B2 visa on medical grounds for a rare disorder for which there is no drug yet in my home country( India). But it is available here. My visa has been extended from 1995 till now in 6 month extensions based on medical records. My parents who came with me, got a sponsor in 96, got GC and citizenship. I was not well then and above 21 to be filed with them. They waited to file for my GC until they became US citizens because of a lawyer's advise. My GC was filed in 2005 by them. My recent B2 visa extension was denied on the basis that too many extensions were given. And that there seems to be no time limit for when I'll be able to go back ( thats because we don't know when the drug will be available there) That was the main reason they kept approving till now, and now they are using the same reason to deny. I'm not eligible for Humanitarian parole because I'm here, not outside US. INS has sufficient documents to know that my medicine is not available anywhere else, but still they refused. What are my options now. How to fight the "intent to deny" reply from them? My GC application is still pending and may take two to three years it seems.I cannot go back because there is no guarantee I can come here soon. And without treatment, things will get worse there. I need to know if there is any immigration law that would help me.
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GC pending, current visa denied.
- Thread starter Anna277
- Start date
why don't you prsent the name of the disease. a lot of members are docs on this forum. if you can prove that you cannot leave US(based on medical records) that is the strong evidence for MTR.Be ready to spend some money. contact rajiv or shusterman and see what they can do.
TheRealCanadian
Volunteer Moderator
If your AOS is pending you don't have to go home until your Green Card is either approved/denied.
The OP doesn't have a pending AOS - the priority date isn't current. If the parents had file an I-130 upon receiving GCs the PD would be pending. I am amazed at the advice of this so-called attorney.
Thanks for the replies. The name of the disorder is Chronic Granulomatous Disease. My medicine Actimmune is not currently marketed in India. The proof for all this has been quite strong and up to date. Doctor letters, Hospital statements and Pharmaceutical proof (both abroad and here) are always submitted with each extension request from 1995. And regarding the attorney advise to wait till Citizenship to file - we have no idea whether that was good advise or bad, But it was taken after several consultations with leading attorneys around San Francisco. That was their collective decision, and we followed that. It is now done. Now we need to know what is our next best move.
Should we contact local congress persons? Is accelerated processing for the pending Form I-130 an option? I heard its for special circumstances. We are scheduling phone interviews with Murthy firm, and in the process of getting Rajiv Khanna's help too. We are in the process of hiring someone well experienced in this matter.
The reply deadline is October 11th for the Intent to deny notice.
I'm posting here for more feedback on any over looked options that may be available there for me. Any suggestions, and ideas are welcome. That's my intention for posting here, so I would appreciate any advise. Thanks.
Should we contact local congress persons? Is accelerated processing for the pending Form I-130 an option? I heard its for special circumstances. We are scheduling phone interviews with Murthy firm, and in the process of getting Rajiv Khanna's help too. We are in the process of hiring someone well experienced in this matter.
The reply deadline is October 11th for the Intent to deny notice.
I'm posting here for more feedback on any over looked options that may be available there for me. Any suggestions, and ideas are welcome. That's my intention for posting here, so I would appreciate any advise. Thanks.
The OP doesn't have a pending AOS - the priority date isn't current. If the parents had file an I-130 upon receiving GCs the PD would be pending. I am amazed at the advice of this so-called attorney.
You're right, I misread the first post.
Hello, Rajiv khanna firm answered they don't deal with this type of cases, and wont take it. Most attorneys say there is no precedent for this, and never heard of an intent to deny notice for B2 visa. Usually they deny flat out, not give you time. So they feel if we argue strongly in our response, they will approve. Does anyone have any more ideas, or feedback on this. Please help.
You are not really eligible for B2 since you have immigrant intent, so if you push USCIS they will just deny on those grounds. Complicated case. Try to find a good lawyer and maybe contact the press (CNN and such) and your parents should contact their local congressman and senators. USCIS is sending you home to die. Someone should care about that.
yes, they have contacted senators, faxed the privacy release and immigration case worker forms required by their offices. we are trying to find that good lawyer. have appointments on monday. because of media (TV and newspapers in 1995, 96) help i was able to get into clinical trial to get this very expensive medicine for free, paid for by manufacturer. The reason for my parents work visa was to support me, and my reason to immigrate was the delay in the drug availablity in india, and for medical reasons such as access to advance cure options such as gene therapy, and other cutting edge research on this rare disorder available only in US, California, and New york. We always submitted a letter stating our reasons for all intentions in all extensions, GC forms and in any other communication with USCIS. I'm hoping someone cares. Is there a way to approach USCIS directly?
can you get an exception from FDA
can you ask manufacturer to get an exception from FDA that this drug can be sent to you in india via special arrangements like indian embassy in washington, dc. you shall work on this in parallel with your other efforts, in case you are deported and you do not want to stuck without medicine. of course you have to find a us doctor, may be indian dscent to prescribe, but the case be transferred to india. now, all doctors know that you were here and you are a legitimate case
can you ask manufacturer to get an exception from FDA that this drug can be sent to you in india via special arrangements like indian embassy in washington, dc. you shall work on this in parallel with your other efforts, in case you are deported and you do not want to stuck without medicine. of course you have to find a us doctor, may be indian dscent to prescribe, but the case be transferred to india. now, all doctors know that you were here and you are a legitimate case
Does someone here know what is deferred action? We filed for Humanitarian parole but they are refusing to review it until the applicant is outside US. HP according to them is meant only for people outside. I'm not in any removal proceedings. we are looking into deferred action also while trying to change USCIS mind about reviewing the HP application. I cant find much info about deferred action. what is it? can I still file I-485 later( in two to three years) while living in deferred action status?
Does someone here know what is deferred action? We filed for Humanitarian parole but they are refusing to review it until the applicant is outside US. HP according to them is meant only for people outside. I'm not in any removal proceedings. we are looking into deferred action also while trying to change USCIS mind about reviewing the HP application. I cant find much info about deferred action. what is it? can I still file I-485 later( in two to three years) while living in deferred action status?
Deferred action is kind of like humanitarian parole, except that it is available to persons currently in the U.S., unlike humanitarian parole which is only available to persons attempting to enter the U.S. Both humanitarian parole and deferred action are only usually available when someone has an application for some kind of status pending. Deferred action is usually granted in medical cases where the attempt to deport a person with grave medical problems which could cause a lot of bad publicity for the USCIS.
Thank you. That was helpful. Does this mean we must go public with our story? Is deferred action granted by the District attorney general or by USCIS? There is nothing about this on USCIS site. Just curious. We are not near that stage now. Just trying to be as well informed as possible. Is there any precedent for someone to file humanitarian parole for medical reasons while inside US? Does anyone here know of any case? we are sure our attorneys know what they are doing, but it helps to be well informed and pro active.