QUESTION

What are my options to help my husband who had a life threatening accident who's in the process of immigrating back to the US?

Asked on May 20th, 2013 on Immigration - New Jersey
More details to this question:
I'm immigrating my husband back to the US after he volunteered deportation after a felony from years ago which later got dropped in court before he volunteered deportation. I already did the petition for visa/papers and also the hardship waiver. We're at the final stages but its taking long time. He just had a life threatening accident. Opened his head and broke his ribs due to horse riding accident. What are my options for him? He's in El Salvador. I'm in Yuma, AZ. I have a US citizen daughter with him. Is there something I can do? He might pass away. Please let me know.
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2 ANSWERS

Adebola O. Asekun
Speak to an experienced and qualified immigration attorney and do so fast. Some aspects of your case are unclear. If your husband was deported, regardless of the circumstances, he must in addition to an approved Form I-130 petition request and be granted a Form I-212 Request for Permission to Return to the US in addition, he must request and be granted a Form I-601 waiver to cure the grounds of his deportation. You did not provide the specific grounds of his deportation and you must know, not all grounds of deportation are eligible for a waiver. I am mindful of his current medical situation, and you may ask for the waiver and I-212 to be expedited. In the end, that decision is up to the consular officer and that is even assuming he qualifies. If his medical condition is sufficiently serious and if you can demonstrate the financial resources needed for private medical treatment, you may ask for an emergency B-1 nonimmigrant visa as an option. But doing this on your own without an attorney may prove unwise.
Answered on May 20th, 2013 at 9:54 PM

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Corporate and Business Law Attorney serving Ridgewood, NJ
Partner at NPZ Law Group
3 Awards
Perhaps emergent Humanitarian Parole is an option. Perhaps a visitor's visa but with a waiver may be an option. This is very complicated. Our lawyers can guide you in this matter. We handle this all of the time.
Answered on May 20th, 2013 at 9:36 PM

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