Question:

Hi Allan,  Art and Charis urgently need their niece, Mina, to come to the US from the Philippines in order to help with the birth and care of twins being born this month.  Charis is about to give birth.  Currently, the US consulate in the Philippines has suspended visa services with the exception of emergency needs. Is it possible to pay Allan Lolly & Assoc. to try and expedite the visa process due to urgent needs? I was hoping that an immigration attorney would expedite the process.

Mina was in the process of a tourist visa and had an appt. in May but was postponed due to Covid-19.

Answer:

Eva, Art, and Charis,  Generally speaking, an expedite is for urgent humanitarian needs.  Allow me to explain things from the point of view of a U.S. consulate officer.

When Charis gives birth to twins, she can hire a care provider for her needs.  Taking care of a mother with newborns is considered work, which Americans can do.  So, the visitor visa can be denied on these grounds alone.

It is possible for Mina to claim that Charis is having emotional or physical problems and that Charis wants Mina to provide emotional support.  Normally, emotional support would come from a spouse.  A niece providing emotional support sounds more like general help, work.  So, there would need to be a compelling explanation why Mina is that person to give emotional support when Art is available to do so with the help of a caregiver who has work authorization in the US.

If Charis is in emotional trouble and a doctor can confirm it, then we need to explain why Mina is the correct person to provide emotional aid to Charis.  A strong connection must be established, likely through a doctor.  It must be believable.

Mina must then show compelling evidence why she would return to the Philippines when her visitor status expires.  Normally, wealthy people from the Philippines can visit the US, but middle income people have a difficult time.  It can be tempting for Mina to fail to return home.  A promise is not enough because statistics indicate that those with the best of intentions change their minds while in the US.

Finally, an expedite would be for compelling reasons such as Eva is having difficulty now.  I’m not sure that giving birth to twins alone is enough, without a doctor concluding that there is an emotional risk that is substantial and can only be met by having Mina by her side.  The emotional problems must be acute and current, but not simply a possibility.  All must be documented to show the urgent and serious need.

A plea from a law office will be met with resistance if all these factors are not addressed in a way that is urgent and compelling.  A consulate officer will expect that the attorney knows not to file a case that is not substantial.  Please consider.  Kind regards,  Allan

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