Question:

My wife and I are both citizens of Australia. We have four children. Our oldest child was born in 2001 with serious medical problems. Since her birth, she has been required to seek medical treatment on a regular basis. Recently, my daughter was accepted to participate in a revolutionary stem-cell treatment program with a doctor in the United States that may improve her condition. It is a one week treatment, but my wife and I would like to remain in the United States for a total of three weeks: one week to get my daughter settled into the program; one week for the actual treatment; and then one week to be in the presence of her doctors to ensure that treatment went well and be certain that she is safe to travel back to Australia.

The problem is that my wife requires a nonimmigrant waiver to enter the U.S. because of a theft conviction that occurred several years ago. She previously filed and was approved for a waiver with her last visa, but that recently expired earlier this year. My wife attempted to have a renewal waiver expedited, but she was informed that there is no procedure that would expedite the adjudication process. So, right now my wife has applied for a B1/B2 visa and the non-immigrant waiver application remains pending at the Admissibility Review Office.

We have already made flight arrangements to come to the United States. How can my wife enter the United States during the pendency of her waiver, so that she can assist me with the care of our daughter during her medical treatment (she is actually our daughter’s primary care-taker)?

Answer:

Thank you for your question. Based on the facts you have described above, preliminary, our office would want to research and confirm whether an application for humanitarian parole through U.S. Citizenship & Immigration Services may be the best option for your wife. Your wife’s case appears to have a very compelling humanitarian factor due to your daughter’s need for medical attention and your wife’s role as her primary care-taker.

Humanitarian parole is a means of allowing an individual into the United States who is otherwise inadmissible for a temporary period of time due to a compelling emergency. Both the United States Citizenship and Immigration Service (“USCIS”) and Customs and Border Protection (“CBP”) can grant paroles, however, based on the circumstances of your wife’s case, the appropriate agency to request a parole from would be USCIS.

According to USCIS, the agency may grant a parole when: (1) there is an urgent humanitarian reason, or if there is a significant public benefit; and (2) the period of time that corresponds with the length of the emergency or humanitarian situation. Parolees must depart the United States before the expiration of their parole. 

Based on the facts you have provided in your question, and by demonstrating additional equities in support of the parole application, we may be able to make a strong argument for a humanitarian parole. For example, we would need to be able to demonstrate that the treatment you are seeking from your daughter is unavailable in your home country of Australia, as well as establish that you have the financial ability to support yourselves and pay for her treatment during your time in the United States. 

If you would like to discuss your case in greater detail, please call our office. We would be more than happy to assist you with the preparation of a packet to submit to USCIS highlighting why USCIS should favorably exercise its discretion to grant your wife parole to accompany your daughter to the United States for medical treatment. 

SRW Border Lawyers Follow Up:

We assisted this Client in applying for humanitarian parole from USCIS's Humanitarian Branch.  The Client was granted humanitarian parole by USCIS's Humanitarian Branch and was allowed to enter the U.S. to accompany her daughter for this treatment.