QUESTION

Can this I-130 case be expedited?

Asked on Jul 30th, 2011 on Immigration - California
More details to this question:
I have filed an I-130 for my over 21 unmarried son and I am wondering if I can expedite this application for humanitarian reasons. First reason is that I am above 70 years old, living alone in the states with very limited resources, and I believe if my son was here, he would be able to better support me. Second reason is that we are a Coptic family (Egyptian Christians) and as you might be aware, Copts are having an extremely difficult time living in Egypt due to persecution, especially after the January revolution, and as a matter of fact, in April 2011 Egypt was recommended to be added to the state dept. list of countries of particular concern. Due to this, I am always very worried and concerned about my son's safety all the time, and being separated at such tough time is really difficult for me to handle. Do I have a chance to expedite the I-130 processing and my son's arrival? Thanks.
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4 ANSWERS

Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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There is no provision in the immigration law to expedite a visa petition for humanitarian reasons. There is no asylum for people outside US while they are still in their own countries either.
Answered on Sep 02nd, 2011 at 12:39 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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Generally speaking, your circumstances are not grounds for an expedited petition. First, you must qualify financially to petition for him, not the other way around. The country conditions are typically a secondary consideration.
Answered on Aug 31st, 2011 at 1:13 PM

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It is within the Immigration Services' discretion to expedite the processing of your I-130 for humanitarian reasons. However, even if approved, your son will likely not be able to obtain resident status right away because he has to wait until an immigrant visa will be available to him. There is no discretion in allocating visa numbers. He may consider applying for asylum if he fears persecution in Egypt. You should talk to an experienced immigration attorney about this option.
Answered on Aug 31st, 2011 at 12:21 PM

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Immigration Attorney serving Los Angeles, CA at The Law Offices of Steve Paek
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Unfortunately, there is not a way to speed up that particular process. He may want to come seek asylum in the US if he fears for his safety due to his religious views.
Answered on Aug 31st, 2011 at 10:01 AM

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