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How can we Expedite a I-130 petition?
Anonymous4 views1 answers
My mother recently got very sick (stroke) and can no longer care for my two children 14 and 7 both still abroad. I have a green card and my husband of 5 yrs is a US Citizen. In the past 5 year my husband as a stepfather had not been able to file for them because of the error with their birth certificates stating that my mother (their ill grandmother) as their mother instead of me. Well, this issue has since been resolved and he can now petition for them as a stepfather.
The problem is that it has become an emergency and we have to try and get them here asap or I will be forced to return home to care for them at the mean time. However this will cause a tremendous hardship to my son and hubby including loosing our house due to the lack of my part of income. I am having a mental breakdown!
You are correct that your husband may file an I-130 for your children, since the step-parent, step-child relationship occurred before your sons' 18th birthdays. Currently, the processing time is 5 months. Once the I-130 is filed and you receive a Receipt notice, you may also file for a K-4 visa for your children. It may get them here faster. However, it appears as if the processing time for this is also currently 5 months, so this may not help much.
However, it may be possible for you to expedite the I-130. You may need to retain an attorney to assist to you with this. For your information, the following is the relevant criteria for expedited processing of cases: (1) when compelling humanitarian needs are present, as exists when a U.S. citizen petitions for a relative (the visa number must be available) requiring medical treatment or special care, or where the petition is for a minor child who lacks appropriate supervision or security.
Again, not knowing the specifics of your case, you should contact a qualified attorney who can assist you with this request. Good luck.
