Visitor visa to accompany USC to US for urgent medical treatment

[rickbechard@gmail 5]

As life has a habit of doing, a curve ball has come my way. I have had a major vision problem with one eye, which the local eye center says needs urgent surgery to avoid losing the remaining sight in the eye. It can be done here in Thailand, but, the hospital says they have a 50% success rate, there is a high risk of bleeding requiring a second surgery and a high risk of becoming blind in that eye due to the surgery itself. They also can not tell me the cost, but it will be high for a foreigner. Medical insurance is not available.  I am taking drugs to reduce the pressure and keep it stable, but it is still at the high end of normal. The drugs have some hard side effects like chronic fatigue and depression, so they can not continue long term. I am eligible for treatment through the VA, so have opted to return to the US for this surgery. I have a referral letter from the doctor at the hospital, along with the results of 2 CT scan and 2 MRI scans with photos taken during the physical exams.

 

The doctor here is advising assistance for the trip and post operative care. I would like to take my wife with me for this purpose. The current wait time for a normal non-immigrant visa interview in Bangkok is September next year. I am looking to apply for an expedited appointment on medical grounds for my wife to obtain a visa. She has been refused 3 times previously, for no idea why. So not much faith this one will be successful either.

 

I would like to know if anyone has applied to expedite an appointment on medical grounds, if that request allows one to upload any corroborating evidence and what the success rate is.

 

I will make a point here, that for my wife's third attempt at a visitor visa, I enlisted my US congressman's office, who sent a letter to the embassy. He received a reply that "each time an applicant applies, their application is reviewed by a different official to avoid case bias". However, my wife tells me that the last two interviews were by the same bald guy. 

 

Any experiences or advice appreciated.

 

 

[Unlockable 7,314]

*** Moved thread to "Tourist Visa" section of the forum

 

VJ Moderation

[Unlockable 7,314]

1 hour ago, rickbechard@gmail said:

As life has a habit of doing, a curve ball has come my way.

Sorry to hear about your health.

 

 

 

 

Quote

She has been refused 3 times previously, for no idea why.

There is a reason why. Many foreigners overlook the reason because they think that the reason must be specific. But the reason she was denied was because she did not show strong ties to return to her home country. This is the default reason for visitor visa denials. If she has a husband in the US with a medical condition that may require her to care for him... then she falls into the high risk category of not going back home. It is that simple. 

 

 

 

 

 

Quote

I would like to know if anyone has applied to expedite an appointment on medical grounds, if that request allows one to upload any corroborating evidence and what the success rate is

When you request an expedite, your wife will be asked to provide evidence of the emergency. Sometimes, via fax. They would inform her of how to do it. The success depends on if they deem the emergency valid enough for an expedite. But there are no guarantees.

 

 

 

 

Quote

I will make a point here, that for my wife's third attempt at a visitor visa, I enlisted my US congressman's office, who sent a letter to the embassy. He received a reply that "each time an applicant applies, their application is reviewed by a different official to avoid case bias".

A congressperson cannot do anything to influence a visa. In fact, nobody outside of immigration can influence a visa decision. That would compromise the integrity of the visa process. The Embassy's response was correct.

 

 

 

 

It is unfortunate you are going through this but there is nothing you can do to ensure your wife will get a visa. She has already tried 3 times. She can try with the explanation of her wanting to be with you for your procedure. But again, there are no guarantees.

[rickbechard@gmail 5]

5 minutes ago, Unlockable said:

Sorry to hear about your health.

 

 

 

 

There is a reason why. Many foreigners overlook the reason because they think that the reason must be specific. But the reason she was denied was because she did not show strong ties to return to her home country. This is the default reason for visitor visa denials. If she has a husband in the US with a medical condition that may require her to care for him... then she falls into the high risk category of not going back home. It is that simple. 

 

In actual fact, after the third denial, I accepted that she would never get a visa and filed an I-130. That said, I am in Thailand now and only require 2-3 months in the US to complete this treatment. I am not in a position to make a permanent relocation at this time. Around the end of next year is much better, so am quite happy to wait here for the immigrant visa. If it were not for this medical situation, I would not be going at this time.

 

 

When you request an expedite, your wife will be asked to provide evidence of the emergency. Sometimes, via fax. They would inform her of how to do it. The success depends on if they deem the emergency valid enough for an expedite. But there are no guarantees.

 

As mentioned, I have been given a letter from the hospital here detailing the condition and the importance of getting it done asap. They say I have lost 80% in that eye already. I don't really agree with that as I can see with it, just not very well. But I don't even play a doctor on TV, so what do I know.

 

 

A congressperson cannot do anything to influence a visa. In fact, nobody outside of immigration can influence a visa decision. That would compromise the integrity of the visa process. The Embassy's response was correct.

 

The embassy's response was incorrect as it stated a different officer would review the same person's application each time. Factually untrue.

 

It is unfortunate you are going through this but there is nothing you can do to ensure your wife will get a visa. She has already tried 3 times. She can try with the explanation of her wanting to be with you for your procedure. But again, there are no guarantees.

 

I agree. The vagaries of the embassy decision process is beyond any real logic.

 

[SusieQQQ 11,586]

The more times someone goes for an interview the more likely it is to get the same officer more than once. My home consulate only had 2 COs, so if you went three times or more you could not possibly avoid being seen by one of them more than once.

 

I’d suggest asking for an expedited appointment- might be worth even asking for just a single entry visa so she can do this trip, though the previous denials won’t help and the fact that there is an i130 filed is also a negative.  But if it were me I’d give it a try anyway under the circumstances. 
 

Good luck with the surgery.

[Adventine 3,196]

Sorry to hear about your health issues. The situation with your wife's tourist visa applications does not look good. To successfully obtain a tourist visa, AND to pass CBP scrutiny at the border, one must show strong ties to their home country (aka NO immigrant intent).

 

Unfortunately, filing an I-130 for her shows clear immigrant intent.

 

Nevertheless, all you can do now is try, and have backup plans in case the expedite request is denied.

[rickbechard@gmail 5]

6 minutes ago, Adventine said:

Sorry to hear about your health issues. The situation with your wife's tourist visa applications does not look good. To successfully obtain a tourist visa, AND to pass CBP scrutiny at the border, one must show strong ties to their home country (aka NO immigrant intent).

 

Unfortunately, filing an I-130 for her shows clear immigrant intent.

 

Nevertheless, all you can do now is try, and have backup plans in case the expedite request is denied.

I don't expect she will get one either, but worth a try. I am finding it hard to get around for more than a few minutes at a time and the mask makes it worse. Feel like I am suffocating and that brings on anxiety or something. Really hoping that getting the surgery done and getting off the medication clears all that up. As for backup plans, don't have family near the VA hospital, so pretty much have to go it alone.

 

Interestingly, several members have posted that they traveled on visitor visas one or more times with an I-130 filed. It seems the truth is out there, but the truth is not the same for everyone.

[Adventine 3,196]

Yes, I'm one of those people who travelled on a US visitor visa with a pending petition. The difference being, I got my US tourist visa BEFORE my then-fiance filed an immigrant petition for me.

 

So yes, it's possible to visit the US with a pending immigrant petition, but based on the facts you've shared here, it doesn't look likely for your wife.

Edited October 1, 2021 by Adventine

[Okboy 43]

6 hours ago, rickbechard@gmail said:

As life has a habit of doing, a curve ball has come my way. I have had a major vision problem with one eye, which the local eye center says needs urgent surgery to avoid losing the remaining sight in the eye. It can be done here in Thailand, but, the hospital says they have a 50% success rate, there is a high risk of bleeding requiring a second surgery and a high risk of becoming blind in that eye due to the surgery itself. They also can not tell me the cost, but it will be high for a foreigner. Medical insurance is not available.  I am taking drugs to reduce the pressure and keep it stable, but it is still at the high end of normal. The drugs have some hard side effects like chronic fatigue and depression, so they can not continue long term. I am eligible for treatment through the VA, so have opted to return to the US for this surgery. I have a referral letter from the doctor at the hospital, along with the results of 2 CT scan and 2 MRI scans with photos taken during the physical exams.

 

The doctor here is advising assistance for the trip and post operative care. I would like to take my wife with me for this purpose. The current wait time for a normal non-immigrant visa interview in Bangkok is September next year. I am looking to apply for an expedited appointment on medical grounds for my wife to obtain a visa. She has been refused 3 times previously, for no idea why. So not much faith this one will be successful either.

 

I would like to know if anyone has applied to expedite an appointment on medical grounds, if that request allows one to upload any corroborating evidence and what the success rate is.

 

I will make a point here, that for my wife's third attempt at a visitor visa, I enlisted my US congressman's office, who sent a letter to the embassy. He received a reply that "each time an applicant applies, their application is reviewed by a different official to avoid case bias". However, my wife tells me that the last two interviews were by the same bald guy. 

 

Any experiences or advice appreciated.

 

 

Have you considered the humanitarian parole visa route?

[African Zealot 1,455]

All you have to lose is $160. Give it a shot although chances are very very slim. I pray you obtain a good result with your medical issue.

[rickbechard@gmail 5]

6 hours ago, Okboy said:

Have you considered the humanitarian parole visa route?

I don't really know what that is. On the first application, I included a letter from myself explaining that I have not lived in, or been to the US since 2003. I have not seen  my 86 year old mother since,  who had just been found unconscious in her apartment after a fall. I included a letter from the hospital. I have a daughter I have I have not seen in 10 years, and 3 grandkids I've never met. I felt I needed to go spend a few months to rekindle those relationships and see my mother before she dies. The visa was denied. I don't expect humanitarian thinking occurs within those walls. There is too  much fear of a person pulling one over on them. 

3 hours ago, African Zealot said:

All you have to lose is $160. Give it a shot although chances are very very slim. I pray you obtain a good result with your medical issue.

Thank you.

[Boiler 45,557]

I would focus on expediting the I 130 you seem to have quite a few things to support that 

[HRQX 4,145]

9 minutes ago, rickbechard@gmail said:

I don't really know what that is.

"Humanitarian parole is used to bring someone who is otherwise inadmissible into the United States for a temporary period of time due to an emergency." https://www.uscis.gov/forms/explore-my-options/humanitarian-parole

 

https://www.uscis.gov/humanitarian/humanitarian-or-significant-public-benefit-parole-for-individuals-outside-the-united-states

Step 6: Issuance of Travel Documents and Parole into the United States (Approvals Only)

If a request is authorized, the approval notice will inform the beneficiary that he or she must complete a Form DS-160, Application for a Nonimmigrant Visa, and appear for an appointment with the Department of State consular section to verify their identity and collect biometrics for additional security vetting. All beneficiaries 14 years and older must provide biometrics. If no derogatory information or new identity information is identified during vetting, the U.S. Consulate issues a document referred to as a boarding foil that allows the beneficiary to travel to the United States within 30 days of it being issued. Issuance of a boarding foil does not guarantee parole but allows the beneficiary to proceed to Step 7 below.

 

Step 7: Customs and Border Protection (CBP) Paroles into the United States (Approvals Only)

A CBP officer inspects the beneficiary at the port of entry. If CBP paroles the beneficiary, CBP will issue the parolee an I-94, Arrival/Departure Record, documenting the length of their parole period. The parole period begins when CBP paroles the beneficiary at the port of entry. After arriving in the United States, the parolee may request employment Form I-765, Application for Employment Authorization.

[rickbechard@gmail 5]

5 minutes ago, Boiler said:

I would focus on expediting the I 130 you seem to have quite a few things to support that 

The surgery while not an emergency is urgent. I filed the I-130 at the end of November. I got an email notice of the fee  payment and a letter by mail. Then nothing. In April, I checked online and there was a notice that they had sent a request for information by mail in early February. It had a date limit of early May to send the information. To date, I have not received that piece of mail. I also did not get any email notice of it, which I had selected. I sent the information about the end of April, but did not get any email notification of receipt, although it shows online.

I sent them a message that I was not receiving mail or email notices from them. A month later I found a message online that said they send mail for all correspondences. Every message I send it takes them 1 month to reply. I did finally start getting email noticed of the messages though.

At this time they inform me that the case has been transferred to the Nebraska service center and to wait 2 months before contacting them again. As replies take a month, I don't see trying to expedite the I-130 as an option. I still have several hoops to jump through such as financial information, police check and medical check for her. I need to do this sooner than I can accomplish all those.

[SusieQQQ 11,586]

27 minutes ago, rickbechard@gmail said:

I don't really know what that is. On the first application, I included a letter from myself explaining that I have not lived in, or been to the US since 2003. I have not seen  my 86 year old mother since,  who had just been found unconscious in her apartment after a fall. I included a letter from the hospital. I have a daughter I have I have not seen in 10 years, and 3 grandkids I've never met. I felt I needed to go spend a few months to rekindle those relationships and see my mother before she dies. The visa was denied. I don't expect humanitarian thinking occurs within those walls. There is too  much fear of a person pulling one over on them. 

 

Playing devils advocate - because you need to see things from the embassy perspective - it was presumably your choice not to return for most of that time (before Covid) - it’s not really a reason to give your wife a visa when you as a USC could visit family any time you wanted (pre Covid). If however that had been immediate family of the person wanting a visa - that’s a different story.