I-130 Petition and Humanitarian Parole

D

damian

New Member
Hi, my wife and I got our greencards via the DV-2004 program and we are permanent residents since June 2004. We have a baby born April 2004, whom for medical reasons we couldn't take with us at our first travel to the US to get our greencards. Now we were denied a visa waiver (baby transportation letter) because, although under age of 2, the baby cannot travel because we already travelled to the US. We were advised to file I-130 petition for our child and apply for a Humanitarian parole, attaching a letter from the doctor.

Has anyone experience with a Humanitarian Parole application or an advice on what to write in the application? Further, what are the chances to obtain such a parole in the present situation? Thanks.
 
Please, read section 212(a) of INA, and if any of those restrictions do not apply to your child, simply file the I-130 petition. If your child is no longer sick, and do not have any of the enumerated communicable deseases of 212(a) that will make your child inadmitsible to the USA. Consult a lawyer after reading section 212(a).
 
If you applied for a visa waiver it was for a reason, meaning that you can't apply for a visa immigrant until the "reason" is void right? I read that a waiver apparently is even harder to get than the humanitarian parole because the basis to apply are different. But both are very discretionary to the one who read your petition. It is important that when you file your humanitarian parole use a guide of a lawyer to get bigger chances of sucess.

By your words looks like the desease of your child is a factor and is still an impediment for your child to get a visa right? or is there other reason right now?

Saying that I found these sites that may help you at the end is good to look a lawyer (please check out a lawyer that is an AILA member).

http://www.bridgewest.com/eng/visa/complexvc.php

http://www.nydailynews.com/city_life/advice/wernick/v-advicecol/story/319399p-273080c.html (check the last story)

If there is no reason, like the desease of your child is already cured and you have proof of her treatment then you can apply for follow-to-join benefits.

Good luck,
 
cherr1980 said:
If you applied for a visa waiver it was for a reason, meaning that you can't apply for a visa immigrant until the "reason" is void right? I read that a waiver apparently is even harder to get than the humanitarian parole because the basis to apply are different. But both are very discretionary to the one who read your petition. It is important that when you file your humanitarian parole use a guide of a lawyer to get bigger chances of sucess.

By your words looks like the desease of your child is a factor and is still an impediment for your child to get a visa right? or is there other reason right now?

Good luck,
Click to expand...

cherr1980,
I think you misunderstood her…
There is nothing in the original message about the child’s “disease”. :eek:
The parents won the Green Card Lottery and had to come to US. The child was small and sick at the time (which might be as simple as cold) so parents didn’t want to take the child with them on overseas trip. Big mistake.
In order to get a GC based on lottery– all members of the same family should have came together, including the baby. Now the window of opportunity for that child passed and bringing him/her here is not that easy, since he(or she) is no longer qualifies for a visa nor a visa waiver.

Dear Damian,
Your baby is eligible to come here as humanitarian parolee, based of the emotional and financial hardship (How on Earth the little baby will ever survive without her parents, residing in another country?) and family unity.
Here is detailed information on how and where file your application http://uscis.gov/graphics/services/humanparole/index.htm#faq
You can also search the internet for other forums and people dealing with the same situation and examples of the letters. Good idea would be to consult a lawyer just to make sure you filing everything right.
But just to assure you – go ahead with no worries! You have pretty good chance for your petition to get approved and your baby to come here.
Good luck! :)
 
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