James06

Hi guys,
I am about to request a waiver of ineligibility 212(d)(3) when I go for embassy appointment to apply for a visitor visa. My dad is a US citizen and is very sick so I want to see him (and he wants to see me) I know it can take 20+ weeks for a decision, and that's assuming I even get recommended for a waiver, but I'm trying to find out if I can request an expedite due to the nature of my reason for wanting to enter the US. Given my dad's poor health prognosis, would it be appropriate to ask for my request to be expedited? I have a letter / statement from his doctor to explain his condition.
Thanks in advance.

Speedwell

From what I understand about the laws for expediting visas, you are likely to be approved for expediting only if there is severe hardship. If your father is being cared for by family/friends/nurses or in a hospital/hospice/care facility, and you are not essential to his care, you are unlikely to be approved on the basis of his illness. It can't hurt to try, even if this is not the case, but expediting is very difficult to get.

S Folinsky

Has your lawyer looked into humanitarian parole?

RICH

And you are not eligible for VWP because...?

Marocco

Hardship is relevant for immigrant waivers, and even then I'm not aware of any procedures to "expedite" anything. OP is applying for a non-immigrant waiver.

civilservant

I'm guessing CIMT due to he need for waiver.

crg

I'm guessing prior removal of criminal LPR or other immigration violation, but it would be helpful if the OP could elaborate on several things.

The overall chance of a waiver is an issue, let alone the time table. What was the problem, how serious, how recent? Did he skip out on a removal order? Was he ever detained in the US? Was he removed at government expense? Does he have a spouse and child still over there? Would he be a good candidate for a visa at all? All of these are factors.

How sick is the father? Sniffles sick or ICU sick? Humanitarian Parole is a possibility, but a low percentage are approved.

The consulate can expedite visa appointments and seek to expedite waivers, but it's at their discretion and not like they can knock 20 weeks down to one.

Some minor issues can be waived quite quickly without DHS approval needed.

James06

ok everyone, let me try to answer some of your questions. I do have a lawyer but I posted on here just to get a feel from an applicant's point of view. My lawyer has pretty much said about the humanitarian aspect etc but I thought I'd ask if anyone had been successful with an expedite request.

Regarding the reasons for me needing a waiver, I'm limited to what I can say on a public forum but suffice to say my lawyer tried to get me an "S" visa so hope you can all understand why I can't go into detail.

I was not removed from the US but I know I am ineligible due to past events. I did try ESTA but as expected was denied.

My dad is now being cared for at home but his prognosis is poor.

crg

Sounds like a serious drug trafficking offense and you may have a compelling reason not to leave the US following the trip due to family ties... If it was within the last several years, the approval of the visa and waiver could be a long shot.

They weigh the reason for the travel and the risk to the country. The level of perceived risk could be on the high end of the range.

hungryhorace

I think that's quite a jump from informant to drugs trafficking??

crg

I don't. People who usually "snitch" (S visa = snitch visa) do so, in part, to help themselves get out of trouble. If he was merely an informant, he wouldn't need a waiver. So logic dictates dirty hands of some sort. The bulk if these visas are for drug informants and terrorism, and I doubt it's the latter. Keep in mind that someone can be inadmissible as a trafficker for seemingly low level sales that don't necessarily involve moving things across international boundaries, so possession with intent to distribute even a little bit could be enough to put someone into the trafficker category. For an LPR, that is serious.

The S is limited to something like 200 per year, so either the lawyer thinks his case is in the top 200 or he's yanking this guy's chain.

scrubbedexpat099

Drug dealing is otherwise a no no pretty much anyway.

Interesting in CO Airports now have boxes you can drop of your drugs in prior to flying.

scrubbedexpat099

He did not, stated what most recipient categories.

Speedwell

I'm getting increasingly nervous about the amount of personal and possibly compromising information James is divulging on this forum, which is read by people who could take an interest.

James, please rely on your lawyer for things involving matters you don't wish to be made public.

Marocco

It sounds like he's already doing that.