Child's application has been canceled

[martinbr 1]

Hello everyone, I recieve a hard letter thru regular mail that our child's visa application has been canceled due to it going past a year from the date of here firs interview. Our child did not pass the medical due to TB.

We made contact thru the emabassy by email several times in the pass year about this matter to still keep the case open. Now what they are saying is that unless we can show for some reason out of our control, they cannot reinstate the application. This means that we would have to start all over again. My wife has been in the US with since 10/2010. The only thing that we didn't do is write a formal letter in which I know now I should have done since I guess for some reason they overlooked the email responses that we sent. I'm pissed about this. This means probably a couple of more years before our daughter can get over to the US and the extra cost of starting over again. Anyone ever had this situation, and what was the outcome.

thanks,

Martin

Records indicate that the applicant that the applicant was found to have an infectious pulmonary ailment (tuberculosis).

Based on the guidelines and technical instructions set forth by the U.S. Public Health Services/Centers for Disease Control (USPHS/CDC), immigrant visa applicants found to have “Class A” tuberculosis are recommended to undergo and complete a full-course of Directly Observed Therapy (DOT) at St. Luke’s. DOT is administered for a minimum of six (6) months or even longer if deemed necessary by the treating physician.

We are unable to initiate processing the case until our panel physicians have cleared the applicant for travel to the United States. St. Luke's will advise the applicant regarding the interview scheduling as soon as the medical results are available, and she is cleared of any infectious pulmonary illness.

The applicant should return to St. Luke’s to complete the recommended therapy. Section 203(g) of the Immigration and Nationality Act (INA) provides that an applicant's registration for an immigrant visa be terminated for failure to apply for the visa within one year following notification of the availability of such a visa.

Future immigrant visa inquiries should be directed to IVManilaReplies@state.gov.

Immigrant Visa Correspondence Unit

Consular Section

U.S. Embassy, Manila

1201 Roxas Boulevard

1000 Manila, Philippines

Telephone: (632) 301-2000

Fax: (632) 301-2037

/mbp

[fazmo 24]

Your communication does not have to be in paper only. If you have proof that you sent email about the case (with all the details such as Case#, applicant's name and DOB) included, you can print out those evidences (emails you sent to the embassy) and include it with a letter explaining that you have in fact kept in contact with the US embassy about the case and that it is not over a year from such last contact.

If you must, enlist the help of your congressperson and show him/her the evidence you have. The law permits contact even if it is through a telephone - but if you cannot produce evidence you are against the wall.

[Deputy Purple 1,294]

Was the child up for a K-2 or CR/IR-2 Visa?

If K-2 then it must be issued within 1 year of the Mom's K-1.

If CR/IR-2 then you are able to keep it alive my maintaining contact with the Embassy.

Edited June 17, 2011 by Bob 4 Anna

[martinbr 1]

Your communication does not have to be in paper only. If you have proof that you sent email about the case (with all the details such as Case#, applicant's name and DOB) included, you can print out those evidences (emails you sent to the embassy) and include it with a letter explaining that you have in fact kept in contact with the US embassy about the case and that it is not over a year from such last contact.

If you must, enlist the help of your congressperson and show him/her the evidence you have. The law permits contact even if it is through a telephone - but if you cannot produce evidence you are against the wall.

I contacted them a few times thru email. I got a hold of them tonight and they acknowledged that I have sent email to them. I have a copy of the email that they sent in response to my email. What they told me is that it was a automatice generated letter and that since our child has a medical condition in which she is being treated for that they will keep the case open for a little bit longer. Probably about two more months.

They also told us to send or fax a letter stating of our childs condition and a aprox time for when she can go up to manila to schedule another medical and then a interview.

martinbr

[martinbr 1]

Was the child up for a K-2 or CR/IR-2 Visa?

If K-2 then it must be issued within 1 year of the Mom's K-1.

If CR/IR-2 then you are able to keep it alive my maintaining contact with the Embassy.

The childs application is for a CR/IR-2.

martinbr