I'm a us citizen, residing abroad, married a European citizen 2 years ago and we have a baby. I am disabled. We were in vacation in Canada , and I started feeling abdominal pain, so I decided to go to the states for a couple days since I have insurance there. I ended up in the er , and was told I was pregnant and high risk, so I need to relax and rest the rest of pregnancy and cannot fly back. I already had suffered a miscarriage . Our daughter is only one an still requires care etc which I cannot do right now. We have return tickets to go back together but I'm still under doctor care here. My husband was deported for overstaying vwp. I have paperwork and letter from doctor stating my permanent injuries. Anything he can do? Any emergency visa available for him to assist me
You should consult with an immigration attorney (many of us offer phone and skype consultations) to discuss your options. Humanitarian parole may be an option. The attorney would need more information about your husband's immigration history and your medical condition.
This is not legal advice. This response does not establish an attorney-client relationship.
The only emergency visas I'm familiar with are usually a deportee asks permission to attend his Mom's funeral, etc. Have him apply for a B1.
Needless to say, obtain the services of a local Immigration Attorney.
Humanitarian parole is an option, but very difficult to obtain. In any event, it is important to discuss the matter with an immigration attorney, especially the circumstances regarding your husband's deportation.
Here are the relevant links for humanitarian parole: https://help.cbp.gov/app/answers/detail/a_id/1639/~/humanitarian-parole and http://www.uscis.gov/humanitarian/humanitarian-parole
There are two issues - one the short term - the other what happens when the pregnancy is over. If there is any possibility that you guys want or need to be here afterwards, you should get that process started too. How long did he overstay before being deported?
Andrew Bartlett. Community Immigration Lawyer, San Rafael CA.. Please note that answers to questions are for general informational purposes only. They are not legal advice and do not establish an attorney-client relationship. If an answer is not clear, I will do my best to explain further.
It spends when he was deported and on other factors. It will require documentation of your condition. You should work with a lawyer to have your best chance.
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