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My spouse is a permanent resident of the USA, we got married 8 months ago. She is 7 months pregnant now and living alone. I just want to be there for delivery to help her in all conditions. As she is getting so stressed about delivery like how she will handle this all things alone. Even her doctor is worried about her current condition so Dr. gave her letter in writing to call me there for labor pain and delivery.

Now main problem is my petition I-130 is already in processing, so I wonder whether they will allow me to visit USA.

Me and my wife counting days like hell as it's a big problem.

  • 1
    I do not know all the details, but someone I know who was in a similiar situation got something called an "humanitarian VISA" (it was a mother visiting/helping her daughter who was having a baby by herself). Not sure if it will apply to your case: traveltips.usatoday.com/humanitarian-visa-108465.html – yms Sep 7 '17 at 16:01
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    What is your country of citizenship? – JBentley Sep 7 '17 at 18:08
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    Pregnancy is not an illness, but stress and blood pressure problems during pregnancy might be a different matter. – Patricia Shanahan Sep 8 '17 at 2:29
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    Get a doula or a midwife, they will help a lot! Go to pre-natal classes with her when you'll be there. – the_lotus Sep 8 '17 at 12:04
27

I am assuming she is in the US of A and you are abroad at the moment. I also assume you need a US visa to enter the USA.

Formally, you need an F2A immigration visa, so that you can join your spouse and family to live in the US. This visa currently has at least 2 year waiting period. This sucks.

The other option would be a B-1/2 (visitor, family visit) visa which assumes non-immigrant intentions. According to the US law, every applicant for a visa is presumed immigrant, and it is your duty to overcome this presumption in order to get a non-immigrant visa. Given the circumstances: the submission of I-130 + presence of your spouse and future kid - it will be very hard to overcome.

Having said that, is there something you can do to convince the consular officer that you intend to return back after a brief visit to witness the birth of your child? Maybe an unfinished work contract, business obligations, caring for an elderly relative? It may be worth a try.

You might want to get a good lawyer on your side, the one who will immediately follow up with the US consulate if need be. Also, the same lawyer may help to follow up through your spouse's local congressman and/or senator.

PS. I would also like to notice that the fact you started arranging your visit just mere 2 months before the delivery does not speak in your favor. You need to do some very convincing explaining.

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    The submission of the I-130 is not the source of the presumption of immigrant intent; it only makes the presumption harder to overcome. The source of the presumption is actually the Immigration and Nationality Act, which creates that presumption for nonimmigrants generally. – phoog Sep 7 '17 at 12:34
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    @mzu I read it somewhere that democracy is Government of the people, by the people and for the people so now whats the use of it when we cant even visit our family even in critical emergency case. – Ashwani Saini Sep 7 '17 at 13:07
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    @AshwaniSaini Here in the US we interpret this statement as "Government of the american citizens, by the american citizens and for them". – mzu Sep 7 '17 at 13:10
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    @AshwaniSaini, I am very sorry for your situation, but I see a very slim chance you are able to enter the US before you get your F2A immigration visa. – mzu Sep 7 '17 at 13:12
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    @AshwaniSaini, my suggestion is getting a high-profile lawyer, who will allow you to present your case to the consulate in the best possible way. And pray to all god(s) you believe in. – mzu Sep 7 '17 at 13:23
8

You could try to apply for a humanitarian visa/humanitarian parole.

Quote from that page:

Humanitarian visas also are known as humanitarian parole, and are granted for urgent humanitarian reasons. People who receive humanitarian parole are those who otherwise are unable to enter the U.S. but must do so on a temporary basis and for a compelling emergency. Humanitarian parole does not equate to a permanent immigration status, and is seldom granted for longer than one year.

This link mentioned by mzu from U.S. Citizenship and Immigration Services website provides more details:

https://www.uscis.gov/humanitarian/humanitarian-parole/guidance-evidence-certain-types-humanitarian-or-significant-public-benefit-parole-requests

I would pay particular attention to these two sections:

  • To Reunite With Family in the United States for Urgent Humanitarian Reasons
  • To Care For or Otherwise Provide Support to a Seriously or Terminally Ill Relative in the United States

Your situation could be presented as a mix of those two.

As usual, there is no guarantee that you will get this humanitarian parole, and you still need to provide convincing arguments that you will go back to your country once it expires.

Also note that as with a visitor visa, you will not be able to apply for a work permit with this immigration status

Good luck

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    According to the USCIS detailed description of humanitarian parole: uscis.gov/humanitarian/humanitarian-parole/… the applicant have to covincingly explain why a employing a caretaker would not work out. – mzu Sep 8 '17 at 7:56
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    And this is not a visa. – mzu Sep 8 '17 at 10:08
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Looking at this news article:

https://www.us-immigration.com/blog/f2a-visa-category-will-remain-current-till-october

It appears that your I-130 should be granted almost immediately. So I would try to find out why it is taking so long.

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    I don't think that article is current (it has no year) if the source is reliable. The Wayback Machine thinks that article is from at least 2013. The latest visa bulletin says F2A cases are being processed from 2015, so getting the I-130 processed now doesn't seem like a viable option. – Zach Lipton Sep 8 '17 at 8:32
  • First, as Zach says, out of date. Second, that is simply the waiting time, it does not count the processing time--and that processing time can be years. I wouldn't be one bit surprised if it's 2020 before they're together. – Loren Pechtel Sep 9 '17 at 2:16

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