Recent death of mother has left foreign stepchildren abandoned

K

Kareninlc

New Member
USC married to LPR of Honduran nationality. LPR's former spouse recently passed away in Honduras, abandoning their three children (ages 6, 11 and 13). USC would like to petition for the stepchildren via I-130 for their residency. In the interim, what are the odds of getting the children into the US on B2 visa? Father is sole means of support. All members of father's immediate family are LPR and reside in US. (Children are enrolled in school and reside in a home that is deeded to LPR.) Are there other visa options that might be better for getting the children here within two months' time or less? No petitions of any kind have been submitted yet.

Thanks in advance for any response you may be able to give.
 
The I-130's (one for each) should be filed immediately with an expedite request explaining the situation (include death certificate). Following the I-130's, they can be immediately followed up (when you get the receipts) with I-129F's (at no additional cost) to apply for K-3 visas to allow them to come as non-immigrants and then file for adjustment of status. That won't happen overnight.

This is a situation that is (unfortunately) custom made for an application for Humanitarian Parole (I-131 plus I-134, for each). The children are inadmissible at the present time because the are "intending immigrant" and barred by INA 214(b).

http://www.uscis.gov/portal/site/us...nnel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Q. Where can I find the law about humanitarian parole?
A. The legal foundation for humanitarian parole comes from the Immigration and Nationality Act (INA). Section 212(d)(5)(A) of the INA states USCIS has discretion to parole an individual into the U.S. temporarily under certain conditions for urgent humanitarian reasons or significant public benefit on a case-by-case basis.

Depending on where you live, you could try to make contact with your local District or Field Office or try for a phone or e-mail contact at:
http://www.uscis.gov/portal/site/us...nnel=2a9f6d26d17df110VgnVCM1000004718190aRCRD and IF they are unresponsive, try a local advocate in a respected immigration service agency or immigration lawyer or local media. This is the kind of situation that USCIS wants to help you with and avoid bad press where they get portrayed as "oppressive ogres". It's just a matter of making contact with someone who can actually do something. Where are you located?

Good Luck,
 
Seek the assistance of an immigration attorney. This is a case where a group such as Catholic Charities may have contacts in Honduras that might be of assistance.
 
Sorry, I should have prefaced by saying that an immigration attorney has already been appointed to this case. I wanted to get other perspectives on the situation. Thank you!
 
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