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What do you do when you are stuck outside the US and your US Citizen husband is severely injured in an accident?

Sarah and Steve met while Sarah was vacationing in Hawaii. They fell in love and were married in Paradise. Since Sarah is from Canada they called immigration to see what they had to do for her to stay here. They were told that Sarah has to file for adjustment of status and what she would need to do that. Before filing anything with immigration Sarah made a couple of trips back to Canada. The first couple of trips were without incident, but on her third trip she was stopped by immigration at the airport and told that since she was married to a US citizen she could not enter the U.S., that she would have to get an immigrant visa or K-3 visa before she could return.

When Sarah and Steve initially contacted US immigration in Hawaii they were told that they needed to file for adjustment of status and the documentation that would be needed, but they were not told that if Sarah went back to Canada she might be barred from re-entry as an intending immigrant.

To say the least Sarah and Steve were very frustrated and disappointed at the forced separation. They came to us and we began preparing the Petition for Alien (Form I-130) and the K-3 petition. Before we were able to file the Form I-130 package Steve was involved in a serious motorcycle accident and admitted to the Intensive Care Unit at the hospital. Steve has no family in Hawaii and Sarah was stuck in Canada; he had no one to help him and care for him during his recovery. As soon as Sarah was told about the accident she tried to talk to the U.S. immigration officers in Canada to see if they would let her come to Hawaii as a visitor to see her husband. We had her take a letter from the hospital confirming that Steve was in ICU and with a request that Sarah be allowed to enter the U.S. but she was flatly refused and told to wait.

At this point we decided that the only way that Sarah would be able to enter the U.S. to see Steve and help care for him would be through “Humanitarian Parole”. Since her ultimate destination was in Hawaii, we contacted the Honolulu District Office to discuss her case with them. They were more than helpful and advised as to what documents they would like to see in support of the application. We got the application completed and filed over the weekend so the officer would have it Monday morning. As it turns out the Acting District Director was going to leaving that position at the end of the week so the clerk that we had been talking to watched for the package to come in and took it directly to the Acting DD so she could review it before leaving, saving us several days in the process.

The Acting District Director approved the application (one of the last acts before she departed) and had the approval faxed to the immigration office at the airport in Vancouver BC. Sarah was able to pick up her copy there and was admitted into the US. She is now in Hawaii caring for her husband and waiting for her K-3 visa interview.