Visitor visa while green card app pending

[UScitizen777 0]

Howdy everybody. I have a sister in Beijing. I'm a citizen and sponsored her for PR. She has a few years before priority date becomes current. She is very sick and I would like to bring her to the US to get treatment. I'm planning on going to Beijing US Embassy with her and plead the case with the visa officer. My true feeling is I need to help her get treatment during a short stay in the US. Neither of us has any intention of having her over stay. She has my mom and dad in China and two houses in Beijing, and a job. My logic to convince the visa officer is simple: why would she throw away her PR application by over staying? She would go back to China after a short visit. I will ask the officer to help an American citizen, me, solve this problem.

I'm sure the officer's thinking isn't 100% aligned to mine. Please help me understand what the officer would potentially think and believe my sister won't return to China.

Thank you for your help in advance.

[Canerican 242]

If your sister is getting a visitor visa, the Consular Officer (CO) is going to base everything on whether or not she has sufficient ties to her country. Nothing you say or do will help at the interview, it may actually hurt it even though she has a priority date.

[Anh map 2,098]

You talk about her being seriously ill & needing treatment and then a bit later mention a short visit. Which is the case?

Does she have an illness/condition that is not treatable in China? That would be the strongest case. Can your sister pay for this care?

Your asking for "help" as a US citizen will fall of deaf ears. The CO's get lied to repeatedly each day. A person can have a sudden change of mind once entering the US and then not return.

The pending petition means very little as well as a motivation to return. She would be in the US, the ultimate goal. Why go back and wait longer?

The only way to know is pay the money for the visa application and have the interview.

[Boiler 46,144]

She needs information from her Doctor as to the nature of their illness, lack of treatment locally and the treatment available in the US. Also she will need documentation from the Hospital in the US she will be attending and evidence of the funds that will pay for the treatment.

[UScitizen777 0]

Thanks for the feedback so far. My sister does have a condition that would have the best chance of getting healed here. I can't keep her here long due to medical cost for other chronic conditions she has. That would actually be one of my honest reasons why she has to return to China. Her strongest ties to China: (1) Medical insurance from work, (2) Needing to be a good and patient to get GC when priority date comes. I must be the only naive one in the forum. If she over stays, wouldn't she become "illegal" or get on the bad list and forfeit her pending case?

Also, is there any success stories of visitor visa granted while waiting for pending GC?

Thanks a lot boys and girls.

[JFH 12,191]

She needs lots of evidence to support the case. You mention a job in China as her strong tie but presumably she is not working now as she is so sick. Is treatment not available in Hong Kong or Singapore? When we were in China, when treatment wasn't available locally people went to Hong Kong or Singapore. You also need to consider whether she is fit to travel such a long distance by plane.

[Boiler 46,144]

Get all her medical documentation together and apply.

[HFM181818 750]

First, in order to have even a chance of getting a visa for medical treatment, said treatment must not available in her own country. Note that the quality of said treatment is not relevant. It must not be available...period. Second, who is going to pay? There must be credible evidence that the American taxpayers don't wind up footing the bill. A mere promise to pay won't suffice....money talks, everything else walks. If you claim that you would be paying, the CO will want to see the entire estimated sum deposited with a hospital....

And of course, the CO must be convince that she will leave the US rather than camp out, or start searching for an American spouse.

You will not be able to attend her interview and any attempt to 'plead' her case in the American citizen services section will fall on deaf ears...mostly because pleading tourist visa cases is not a service available in the ACS office of a consular section.

A tourist visa interview is a private affair, conducted only between the CO and the applicant...no third parties (save an occasional translator) are allowed to be in attendance....you do not have a 'right' to be there (though many people erroneously believe differently).

But once again, if treatment for her condition exists in China, she will not be granted a visa for medical purposes (and ....any attempt to 'motivate' some Chinese doctor to write something that claims that no such treatment exists in the entire country will be examined and investigated by our own medical personnel attached to our embassy as well as by doctors who are used to provide the medical exams for immigrant visas....).,.you should also understand that if anyone is tempted to circumvent the process, the person who will be held responsible will be your sister, which if tried, will ruin any chance of her ever getting an immigrant visa to the US (as no waiver is available for siblings)...

I've had more than one applicant and his/her family try to play games with medical visa requests during my career with the end result that those applicants are likely still living in their own country, as all were found ineligible under 6Ci for having attempted fraud against the USG....something to think about in case desperation is about to kick in.

Edited March 27, 2016 by HFM181818

[UScitizen777 0]

Wow. A lot of good information. Thank you all so much.

[UScitizen777 0]

Embassy blog site indicated I would be able to accompany my sister to the visa interview if she is ill. But it does't mention if the accompanying us citizen would be able to speak to the officer. My guess is the answer is no. Any thought?

[HFM181818 750]

how ill? In general, unless she is in a wheelchair, there is no need to accompany someone to the window...but even if by some reason they let you tag along, you will NOT be a part of the interview....if you try to start answering questions for her, you might find the interview coming to an abrupt halt.

Still haven't heard about the medical treatment not being available in China..(which will be question #1 or #2)

[Amadia 711]

UScitizen777

Embassy blog site indicated I would be able to accompany my sister to the visa interview if she is ill. But it does't mention if the accompanying us citizen would be able to speak to the officer. My guess is the answer is no. Any thought?

how ill? In general, unless she is in a wheelchair, there is no need to accompany someone to the window...but even if by some reason they let you tag along, you will NOT be a part of the interview....if you try to start answering questions for her, you might find the interview coming to an abrupt halt.

Still haven't heard about the medical treatment not being available in China..(which will be question #1 or #2)

Hi,

If it's any1 to trust on these forums, it's HFM181818! Correct me if I'm wrong but you are a retired CO....right HFM181818?

[Cathi 5,794]

Thanks for the feedback so far. My sister does have a condition that would have the best chance of getting healed here. I can't keep her here long due to medical cost for other chronic conditions she has. That would actually be one of my honest reasons why she has to return to China. Her strongest ties to China: (1) Medical insurance from work, (2) Needing to be a good and patient to get GC when priority date comes. I must be the only naive one in the forum. If she over stays, wouldn't she become "illegal" or get on the bad list and forfeit her pending case?

Also, is there any success stories of visitor visa granted while waiting for pending GC?

Thanks a lot boys and girls.

You say that she would would best "healed" here, but that is your opinion. You would need absolute proof from doctors that there is no way that she can be treated for her illness under any circumstances in China. They don't care if the quality of treatment in China isn't as good, if in fact this is true. Not to mention that you need absolute proof of how much her treatment will cost to the penny and absolute proof that SHE, not you has the funds to pay for it. And transferring money to her won't work as they will want proof as to where the funds came from. You going there to plead her case will do you no good. First because they don't interview you, they interview her. It is not your visa. Second having a pending visa application with family here will work against her, it gives her immigrant intent and she will be more likely to stay than to return home. Having health insurance in China is not a compelling reason or strong enough tie to guarantee her return, ESPECIALLY since you want to forgo the fact that she has insurance at home and bring her here for treatment. What exactly is her illness that cannot be treated in any other country in the world other than the US? Her case is weak at best. Even under the best of circumstances for anyone in any country with very strong ties, consulates know better than to hand over a visitor visa with a pending application, promises mean nothing.

[PK and PK 13]

Here is what guidance Nolo Press has on your sister's situation:

http://www.nolo.com/legal-encyclopedia/b-2-visa-us-medical-treatment-who-qualifies.html

[HFM181818 750]

there is one false statement in the above...it mentions the I-134, which is not legally enforceable. But as you can see, the treatment must be unavailable in China...which is unlikely, and there must be credible evidence that the US taxpayers are not going to pay a dime towards this treatment, which means either your sister must have the $$$$$$$$$$$$$$$$$$ to pay (extremely unlikely) or that you have already deposited the necessary sum with the hospital/doctor in the US (sounds unlikely as well)...if the treatment sought isn't going to cost but a few hundred dollars, then it is not likely that whatever that treatment is, is not available in China; if it's not, then the cost of said treatment is going to be sky high......which then begs the question: who is going to pay?

Edited March 27, 2016 by HFM181818