Brother-in-law received a refusal for a US visa twice under 214b. Needs to visit father critically ill
My brother-in-law received a refusal for a US visa twice under 214b. He needs to visit his father who got critically ill (brain surgery) and has been in ICU for more than 40 days. He applied for a visa after 30 days during these difficult times.
What should be the next steps?
- Brother-in-law is not married, doesn't have a good job, but has some properties.
- He has a letter from hospital.
Best Answer
Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States
Individuals who are outside of the United States may be able to request parole into the United States based on humanitarian or significant public benefit reasons.
Step 1: Filing of Parole Request
The petitioner files the following at the USCIS Lockbox in Dallas:
Form I-131, Application for Travel Document
Form I-134, Affidavit of Support (PDF, 461 KB)
Supporting documentation
The filing fee (or Form> I-912, Request for Fee Waiver)
The Lockbox sends the parole request to USCIS International Operations Division (USCIS-IO) in Washington, D.C.
Step 2: USCIS Reviews the Request for Urgency (Triage)
Step 3: USCIS Officer Makes a Decision
Step 4: Supervisor Reviews the Decision
Step 5: USCIS Provides Notification of the Decision
Step 6: Issuance of Travel Documents and Parole into the United States (Approvals Only)
If a request is authorized, the approval notice will inform the beneficiary that he or she must complete a Form DS-160, Application for a Nonimmigrant Visa, and appear for an appointment with the Department of State consular section to verify their identity and collect biometrics for additional security vetting. All beneficiaries 14 years and older must provide biometrics. If no derogatory information or new identity information is identified during vetting, the U. S. Consulate issues a document referred to as a boarding foil that allows the beneficiary to travel to the United States within 30 days of it being issued. Issuance of a boarding foil does not guarantee parole but allows the beneficiary to proceed to Step 7 below.
> Step 7: Customs and Border Protection (CBP) Paroles into the United States (Approvals Only)
A CBP officer inspects the beneficiary at the port of entry. If CBP paroles the beneficiary, CBP will issue the parolee an I-94, Arrival/Departure Record, documenting the length of their parole period. The parole period begins when CBP paroles the beneficiary at the port of entry. After arriving in the United States, the parolee may request employment Form I-765, Application for Employment Authorization.
If you are represented, you must include a completed Form G-28, Notice of Entry of Appearance as Attorney or Representative, for USCIS to communicate with your attorney or representative.
Submitting Evidence
The petitioner must show, through the parole request and supporting evidence, that the beneficiary qualifies for parole and merits a favorable exercise of discretion. Submitting all relevant supporting evidence will avoid delays. A USCIS officer may issue a Request for Evidence (RFE) to seek additional information. In addition to the Form I-131, Application for Travel Document, Form I-134, Affidavit of Support (PDF, 461 KB), and the filing fee or request for fee waiver, the petitioner should submit the following evidence to support their parole request:
Detailed explanation of the reasons why the petitioner is requesting parole;
Detailed explanation of the length of time for which the beneficiary needs parole;
Detailed explanation of why the beneficiary cannot obtain a U.S. nonimmigrant or immigrant visa from the U.S. Department of State including:
-When and where the beneficiary attempted to obtain visas, if applicable; -If a visa application was denied, include a copy of the denial letter; and -If applicable, a detailed explanation of the reasons why the beneficiary cannot obtain any required waiver of inadmissibility and a copy of any denial letter received.
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