Fastest way to get Emergency Visa to go see critically ill senior mother in ICU in USA (merged)

[millefleur 5,047]

I disagree, although it could be a country specific thing.

With my personal history I should be an automatic slamdunk for denial. VWP overstay, children in the US, at that time living with parents, pretty mediocre job and not a huge amount of cash. I should have been in and out of the embassy before my coffee had a chance to cool clutching my latest 214(b) letter.

But the interviewer had me at the window for a good 30-40 mins, asking many many questions and giving me every opportunity to convince him that I have no desire to live in the States.

It was my failure to properly prove my intentions that got me denied, not a lazy CO who'd already decided my outcome before I got there.

I feel no animosity toward the COs or any part of the Embassy side of the system. They work within the laws they have to follow, Gods know I wouldn't want their job.

It's the system they have to follow that is what's broken.

When the COs know that every B2 they approve can easily have the baggage claim change of mind and adjust with little or no repurcussions, or overstay for years, sticking their finger up to the system before getting their greencard without any problems, they will be that little bit more cautious about who they approve.

Nothing will ever totally prevent overstays, there will always be people who'll decide to live under the radar. And quite frankly I think every developed country needs that, needs that group of people who'll do the jobs that no legal residents will do, because even a hard life under the radar could be better than what they had back home.

But what is stupid is that the US actively promotes this behaviour by providing ways for those people to become legal.

I'm amazed that anyone with a B2 or VWP ever bothers to go through the waiting and stresses of getting a proper immigrants visa when the system allows itself to be abused so easily.

I don't think a monetary bond would work, there will always be those who are willing to lose that money for their quick greencard. And eventually someone will take it to court as being unfair and eventually one of them will get a judge who agrees and then there'll be another bit of case law for people here to throw around whenever the subject comes up.

And personally I disagree with the bond idea as it would just be yet another part of life where the wealthy can get an advantage that normal people are denied.

I've suggested in other threads having an upgraded version of a B2 for those who have trouble getting a regular one. A tourist visa with zero options for getting a GC, harsher penalties for abuse and stricter controls.

Such a visa could have seen the OP being able to say her final goodbyes to her mother.

The system as it is needs a complete overhaul though.

AOS from tourist visas needs to be scrapped, work and study visas are different as they involve people being in the country long term, developing relationships. But people going on a 2 week vacation and suddenly deciding to leave their life behind and stay? Nah.

Forgiveness for immediate relatives needs to stop, what's the point of having rules if you're just going to forgive people for breaking them?

As it is a couple could enter the US as tourists, have a child on US soil, live under the radar, illegally working for 21 years then all is forgiven when their child reaches adulthood and petitions for their AOS. Madness.

Harsher penalties for employers. Maybe someone with more knowledge could tell me, does the forgiveness for illegal work that happens for IR AOS cases get extended to the employers of those illegal immigrants? That would be nasty, "You've lived here illegally for 30 years and worked that whole time, we'll let you off that because you found a USC to marry. So you're ok but your boss is going to prison for giving you the job".

As I said before, none of this would conpletely get rid of illegal immigrants. But some of those overstayers might think twice before missing that flight home if there was no path to legal residency in their future.

I had very little choice about my own overstay but if I'd known then what I know now about the consequences of that decision then I'd have moved heaven and Earth to get my backside home before my time had run out.

Country/consulate specific. Here, they don't spend more than 5 minutes interviewing anyone (for B-2's) from what I've heard/seen via the people I know. I guess if your country has good relations with the USA, they'll go ahead and listen to your story....if the country has less than perfect relations with the US, they don't care much what you have to say...that seems to be the difference.

Also, the CO's here have godawful Russian (mind you, this is the consulate not the embassy...I hope the embassy workers can at least speak the local language but I haven't dealt with them directly yet.) It's just kind of a joke thinking that these people have been sent by the government halfway around the globe to deal with locals and they can't speak the language beyond a laughably low level. Yes, I get that Russian is hard along with many other foreign languages, but seriously, you'd think fluency to at least intermediate level in the local language would be a minimum requirement for being a CO.

Basically in my situation the CO told my husband in extremely busted Russian: "Our visa laws are very strict. Go apply for another type of visa for immigration. We will never grant you a visitor visa. Bye." The CO even mentioned the K-3, lol, which is a joke because everyone on this site knows it's obsolete and pointless. No wonder so many people come here asking about the K-3....if CO's are actively recommending it to people, you can't blame anyone for asking about it here. But yeah, I mean obviously this guy was following someone else's orders/protocol...namely the problematic system that you mentioned above which allows people with USC relatives to stay and adjust so easily.

[Boiler 45,670]

There will be outliers but most Consulate's interviews are a few minutes. Location does not matter.

[KierenHby 899]

I agree that adjustment from work and study visas should be possible. These are people who have already consciously made a decision to legitimately leave their country for a period of time to experience life in the USA. Many people meet their marriage partners through work or study so it's not unusual for these people to subsequently fall in love and wish to stay. The US has already become their temporary home. But AOS from tourist visas or visa waiver status needs to be overhauled. Either it should be allowed for immediate family even with intent or it should be completely stopped. As it stands currently, I have visions of airport parking lots all over the world with abandoned cars gathering dust because the owners went to the USA for a 2-week holiday and decided to stay. Landlords wondering if they'll ever get the keys back. Dogs waiting for their owners to return. Homes filled with possessions. Mail gathering at the door. Work piled on desks. In almost all cases I refuse to believe that they had no intention to stay when they packed their bag to go. I personally know of people who have made it quite clear at the time of leaving for the airport that they have no intention of returning. They bought a return ticket to make it look believable but they had already quit their jobs, sold/donated/rehomed their possessions and pets and in one case even had a farewell party.

[There's a running joke in parts of South Asia.. goes something along:

USemb CO: How long do you need a tourist visa for, 6 months or one year?

Applicant: Doesn't matter officer, as you please! (thinking, even if it's for a day, once I reach the US, I am not coming back.)]

There are no cars gathering dust, no shocked landlords, no uncollected mail, no work piled up. Every family member is in on the story.. B2 stamped, pack the bags and (hopefully) see you in a few years once a green card is in hand. The ones fooled are the CO and CBP.

As long as USCIS allows AOS from B2, this ain't stopping.

[Unlockable 7,315]

[There's a running joke in parts of South Asia.. goes something along:

USemb CO: How long do you need a tourist visa for, 6 months or one year?

Applicant: Doesn't matter officer, as you please! (thinking, even if it's for a day, once I reach the US, I am not coming back.)]

There are no cars gathering dust, no shocked landlords, no uncollected mail, no work piled up. Every family member is in on the story.. B2 stamped, pack the bags and (hopefully) see you in a few years once a green card is in hand. The ones fooled are the CO and CBP.

As long as USCIS allows AOS from B2, this ain't stopping.

I've always said that most illegal immigrant's goal is to get there feet on US soil and worry about the legality of it later.

Saw on the news last night where ICE raided 7 restaurants in NYC for employing illegal immigrants. It seems that fear of being illegal is not as dreadful as many think due to them still being able to earn a living.

I also believe that most overstayers do not overstay on their first trip. 10 years (as in the 10 year visa) is a long time of opportunities. Many probably come a few times to get a feel of things, then when ready they make the move.

Edited November 2, 2016 by NuestraUnion

[KierenHby 899]

I've always said that most illegal immigrant's goal is to get there feet on US soil and worry about the legality of it later. Yep

Saw on the news last night where ICE raided 7 restaurants in NYC for employing illegal immigrants. It seems that fear of being illegal is not as dreadful as many think due to them still being able to earn a living. Many pay life savings to scrupulous agents for a chance to get to America any way, shape, or form; a B2 is a golden ticket by comparison.

I also believe that most overstayers do not overstay on their first trip. 10 years (as in the 10 year visa) is a long time of opportunities. Many probably come a few times to get a feel of things, then when ready they make the move. Spend initial trips laying the groundwork for a future AOS.

[TBoneTX 45,536]

The OP's situation has reached its conclusion, and this thread is evolving into discussions of immigration policy. For these reasons, this thread is now closed to further comment.

Discussions of visa policy can be started in the General Immigration Discussion forum.