Client: Non-Immigrant Temporary Visitor
Client’s Country of Origin: Canada
Case Type: Request for Entry into the US as B2 Temporary Visitor; Humanitarian
Date of Application: August 2018
Date of Approval: February 2019
Herman Legal Group is retained by many Canadian clients and works with many Canadian immigration lawyers, too. In this case, our client, a citizen of Canada, comes from a wealthy, successful family. However, as a young man, he suffered from serious medical issues that consumed his day-to-day life. After seeking medical institutions and trying several treatments in Canada, nothing worked. Our client’s family burdened in distress over their son’s health. Finally, they came across a medical clinic located in Utah that would treat our client’s needs, and after trial, the clinic’s assistance was found successful.
Our client originally came to the US on a B-2 tourism visa in order to receive his medical treatment. For B-2 nonimmigrant visas, the applicant is admitted into the US for temporary duration for a specific purpose.
In this case, our client’s sole purpose to enter the US was to obtain treatment. However, our client was unaware that his admittance was limited to a six-month duration. Our client stayed at the medical facility for over the amount of time his visa was granted by 18 months.
This means that he was technically present as an undocumented immigrant in the states for over a year. Unaware of this issue, our client returned to Canada, and a few years later attempted to re-enter the US for treatment. Officials at the border denied his entry due to his overstay in the past, which deemed him legally inadmissible.
Furthermore, the officers instructed our client to file an I-192 Application for Advance Permission to Enter as a Nonimmigrant based on his urgent need for medical treatment. Immediately, our client filed the form and paid all fees there at the border. Six months went by without our client receiving treatment and still waiting upon approval of his application.
Fortunately, our client’s family knew Attorney Richard Herman and asked for his help. In immigration law, it is a difficult task to establish a successful case to waive a client’s inadmissibility when little to no evidence is present. Despite this circumstance, Attorney Herman provided his expert assistance in order to help our client attend to his serious health matter.
Attorney Herman assembled as much supplementary evidence in order to establish that our client is entitled to receive a temporary visa. The USCIS sets the standard in assessing an immigrant’s entitlement to a B-1/B-2 temporary classification:
“The consular officer must assess if the applicant: (1) has a resident in a foreign country, which they do not intend to abandon; (2) intend to enter the US for a period of specifically limited duration; and (3) seeks admission for the sole purpose of engaging in legitimate activities relating to business or pleasure.”
Upholding these requirements, counsel provided affidavits of our client and his family explaining the past overstay for treatment with no intention of violating US immigration laws—other than his prior overstay for intensive medical aid, our client has no other criminal convictions.
In addition, counsel established that our client had no intention to become a US permanent resident by demonstrating his residence and sole-employment in Canada, and showing that our client never attempted to work during his previous stay within the US. Attorney Herman also provided evidence that our client has sufficient funds and resources to subsidize his medical bills and temporary stay, therefore he will not become subject to the reliance on US welfare.
Lastly, Attorney Herman contacted congressional offices in Utah in order to obtain official good moral references and documentation from the medical clinic stating our client’s need for treatment is critical.
By meeting these requirements, our client was approved for B-2 status. Not only was Attorney Herman able to have the USCIS waive the inadmissibility factor due to the inadvertent overstay of visa, but our client was able to continue receiving medical aid from a creditable US medical clinic and potentially save his life.