How can I expedite the processing of my I-130 petition if a visa is not available? - EB5Investors.com

How can I expedite the processing of my I-130 petition if a visa is not available?

I was an unmarried son over 21 when my mother submitted an I-130 petition in 2014. In May 2020, the NVC contacted me to process for paying the fee and the U.S. embassy interview. But at that time, I was already married. So the visa is not available for me now and I have to wait more. Now my mother is in a critical health condition and needs me with her. I have medical reports to support that. I have tried to contact USCIS but they told me to contact NVC. NVC told me: “We cannot expedite the processing of your petition, because there is no visa number currently available.” How can I expedite the request under the circumstances? Is there any other way for me to assist my mother in legal status?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It is not clear whether your mother is a US citizen or not. If she is, marriage would have downgraded the petition from first to third preference. If she was only a permanent resident, marriage destroyed the petition approvability. You need to apply for a humanitarian parole.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You cannot. But perhaps you can apply for a B-1 visa.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Apply for a visitor visa for medical purposes.

Stephen Berman

Stephen Berman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

If you got married and lost eligibility, there is no visa to expedite. You are no longer eligible to immigrate.

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