Parole Authorized - Spouse of U.S. citizen with previous expedited removal paroled to spend winter in U.S.
Our office just obtained a six (6) month parole on behalf of a Canadian client who is inadmissible to the U.S. following the issuance of an order of expedited removal. Our client will remain inadmissible for five (5) years from the date of the expedited removal.
Our client was expedited removed at a land border port of entry when it was discovered by U.S. Customs and Border Protection (“CBP”) officials that she had been living in the U.S. for over 20 years without any form of visa at all. On the date of the expedited removal, our client’s intent was to return permanently to a home in the U.S. that she shared with her U.S. citizen fiancé. After expressing this intent to CBP officials, our client was deemed to be an “intending immigrant” without proper documentation under INA § 212(a)(7)(A)(i)(I) and therefore issued the order of expedited removal.
Following the expedited removal, our client married her U.S. citizen fiancé, who then filed an immediate relative petition (Form I-130) on her behalf. After the filing of an immediate relative petition with U.S. Citizenship and Immigration Services (“USCIS”), it can take up to eight (8) months for a decision. Upon approval of the I-130 petition, our client can apply for an immigrant visa (“green card”) at the U.S. Consulate in Montreal. At that time, however, our client will also have to submit a Form I-212, Application for Permission to Reapply for Admission After Deportation or Removal, which will be required to overcome the five (5) year bar created by the expedited removal order.
While our client was waiting for a decision from USCIS regarding the I-130 petition, her U.S. citizen husband began to suffer psychological and medical hardships as a result of the separation from his wife. He was referred to a psychologist by his primary care physician, who also prescribed him anti-depressant medications together with therapy to treat his depression.
These doctors prepared letters that described the husband’s illness in support of our request for his wife’s parole. The doctors were able to indicate that the U.S. citizen husband was suffering from major depression as a direct result of separation from his wife.
Based upon these medical issues, we requested a parole of our client for a period of six (6) months so that she could re-join her spouse and alleviate his suffering during the pendency of the I-130 processing and the immigrant visa process. Our parole request indicated that our client has no intent of working while in the U.S. and also included evidence of the spouse’s ability to financially support his wife while she is in the U.S.
Our parole request, which was submitted to CBP officials at our local port of entry, was granted and out client has now re-joined her U.S. citizen husband in the U.S. She was issued a Form I-94 authorizing her parole in the U.S. for a six (6) month period. Our client will have to return this Form I-94 upon her departure from the U.S. in order to prove that she complied with the terms of her parole.
Interestingly, our office received notice of approval of the I-130 petition the day after the parole, so our client will probably be scheduled for an immigrant visa interview in approximately six (6) months. She may even have to leave the U.S. prior to the expiration of her current parole period in order to prepare for her immigrant visa interview.