Need Advice Immediately

Asif2000

Registered Users (C)
This may not be the right forum but I didn't know where else to post it.

I need an advice on an urgent matter:

A little background:
My nephew is a US Citizen; his wife (my niece) is not. They used to live in Chicago several years ago. They have 2 kids together, one was born here in the U.S (so a U.S Citizen) and the other was born after they had moved back home (to Pakistan). My niece was here back then on a Visit visa (with his USC husband) when their fist kid was born but never overstayed and never was she ever here with illegal status. They never planned on living in the U.S forever so they never applied for her green card (I know… bad mistake)

Now, my nephew was diagnosed with Thyroid Cancer at an advanced stage couple of months ago. He was told that a surgery is inevitable. He came here by himself, without family, since his wife didn’t have any type of visa. He had a surgery about 3 weeks ago at M.D Anderson hospital in Houston. The surgery was more involved then the doctors expected and it lasted for more than nine hours. They had to reconstruct his breathing tube and stuff. After the surgery, he wasn’t able to breath without the tube, couldn’t speak, communicated wit a pen and a piece of paper and fed himself with the feeding tube. His condition is slowly improving day by day but he is getting really depressed because cannot go back home soon enough to his family. He doesn’t have any family except for us and some close friends.

Now, his wife back home is obviously the most in pain since she cannot come here. She applied for a visit visa couple of days ago. She had all the papers from the hospital and doctors. They refused the visa saying that it is against their policy, without any more explanation. She appealed their decision and the second time, the attending lady was a bit more cooperative. She listened to the whole story, spent almost an hour with her then she went to speak to her supervisor and came back saying that they understand the issue but unfortunately it is the law that she cannot travel to the U.S on a visit visa while her husband is a U.S Citizen.

My question is what are her options? Is there any way at all that she can come to the U.S on any visa or special circumstances until the treatment is complete? The guy is bored out of skull wants to see his kids and family.

Thanks in advance!
 
OP, I feel for your family's situation.
Without the visitor visa, I can't think of any other way for your niece to come to US without waiting at least 4-6 months. She could probably file I-131 requesting a humanitarian parole but not sure how long that takes or if they will even approve it.
Btw, if your nephew had the diagnosis a couple months ago, why didn't he apply for her at that time?
 
They have 2 kids together, one was born here in the U.S (so a U.S Citizen) and the other was born after they had moved back home (to Pakistan).
I hope he filed the necessary paperwork with the US consulate in Pakistan to secure US citizenship and a US passport for the child that was born in Pakistan.
She listened to the whole story, spent almost an hour with her then she went to speak to her supervisor and came back saying that they understand the issue but unfortunately it is the law that she cannot travel to the U.S on a visit visa while her husband is a U.S Citizen.
There is no law banning spouses of US citizens from obtaining a tourist visa. However, spouses of US citizens have a very high rate of visa overstay, so they will refuse those visas to most spouses of citizens.

In this case, they know for sure that she is not going to leave her husband alone when the visa expires, if he is still sick at that time.
 
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