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

[Harpa Timsah 13,258]

Well, they need to invent another way of dealing with that inside the country. I've known people who "forgot to go home" on student visas, on the VWP and just were able to live in the US freely because they were never checked or found out by anyone....they just simply worked illegally/under the table and never traveled by airplane or crossed any borders. I blame our government for not keeping better tabs on people. I mean, I don't want to live in a Big Brother society where everyone is being watched, but it's insane that innocent people are getting punished/barred entry due to a bunch of non-accounts who overstay/abuse their visas.

It costs about $30K to deport a person, plus the costs of increased surveillance.

Adjustment of Status "abuse" is a tiny fraction of the problem. I'd guess like 1%. The real issue if just plain old vanilla overstay.

The OP has no path to adjustment so making a visa unadjustable would not help anyway.

[Boiler 45,670]

There has been some suggestion of requiring a bond, say $50,000, for marginal cases.

[TBoneTX 45,536]

OP, so sorry for your loss.

If you apply again, let us know the outcome.

[KierenHby 899]

There has been some suggestion of requiring a bond, say $50,000, for marginal cases.

Doesn't work; the UK wanted to try it some yrs back but backed down due to backlash from 'third-world' nations.

[KierenHby 899]

It costs about $30K to deport a person, plus the costs of increased surveillance.

Adjustment of Status "abuse" is a tiny fraction of the problem. I'd guess like 1%. The real issue if just plain old vanilla overstay.

The OP has no path to adjustment so making a visa unadjustable would not help anyway.

Met someone at a weekend party from OP's country overstaying a B2 visa and 'not going back now that I'm in america'.. has a job and family. Political\economic conditions in pakistan aren't exactly rosy these days. Sad but true..

[millefleur 5,047]

Met someone at a weekend party from OP's country overstaying a B2 visa and 'not going back now that I'm in america'.. has a job and family. Political\economic conditions in pakistan aren't exactly rosy these days. Sad but true..

What is totally baffling to me is how that guy you're describe passes the interview no problem and gets a B-2 but someone in Alisha's situation gets denied. She seemed desperate (for totally legit reasons) = denial, whereas (I'm assuming) a cool-headed guy who looks "trustworthy" = approved. Frustrating.

[Alisha510 4]

The true unfairness in the whole system.

The decision is down to the personal opinion of the interviewing officer on whether or not they trust the applicant.

Someone could walk in there, relaxed and confident, but with very few ties and get approved just because they appear trustworthy.

Someone else could go in to the interview in complete innocence but appearing uneasy and jumpy and be denied.

I could imagine that Alisha probably attended her interview understandably distressed by her mothers situation and desperate to be able to see her.

While common sense would tell you this is the way you'd expect someone to behave, to a suspicious CO it could just look like desperation to get to the US.

The B-1/B-2 system needs an overhaul to reduce abuse of the system and allow more approvals.

Or at least an even playing field rather than just how a guy behind a desk is feeling that day.

Yes you are absolutely correct, I was desperate, nervous, jumpy and tears were floating in my eyes and not pity seeking tears but more of worrisome tears for my mothers declining health and the fear of me not being able to see her alive and sadly that's what happened. And I am sure the CO just wasn't able to relate with me at that moment of Maybe he did think about all of those people who have misused this system and the past and was hesitant. I don't hold a grudge against the process/system but just feel very sad for myself that I wasn't given an honest chance to see my mother face one last time.

It's been a week since she passed away and she has been buried and the funeral has been processed however my heart is dying to visit her grave and cry begging her to forgive me for not coming to see her when she was taking her last breath but I am so afraid to apply again and face the same refusal, I am afraid I won't be able to recover from another refusal especially after the CO finds out that my mother passed away after I was denied and u wasn't given a fair chance to see her and yet again he decides to refuse me on the same basis, what will I do then? And how will I move on with my life?? I wish there was any other way I could apply or hire an attorney who could convery my genuine feelings and motivations to the CO so I would allowed visitation my mothers grave atleast.

[Lemonslice 4,886]

Immigrating means that there are going to be moments when you will not be with your loved ones, or where you want, when you want, or as fast as you want... It is often a larger sacrifice that what is initially thought.

My thoughts are with you and your family.

[Boiler 45,670]

To the Consulate it is going to be seen as an awfully long way to go just for a day.

[KierenHby 899]

To the Consulate it is going to be seen as an awfully long way to go just for a day.

Valid point.. but saying a final goodbye can be worth going the extra 'mile' at times. Esp if the mom was buried in the US.

[KierenHby 899]

Yes you are absolutely correct, I was desperate, nervous, jumpy and tears were floating in my eyes and not pity seeking tears but more of worrisome tears for my mothers declining health and the fear of me not being able to see her alive and sadly that's what happened. And I am sure the CO just wasn't able to relate with me at that moment of Maybe he did think about all of those people who have misused this system and the past and was hesitant. I don't hold a grudge against the process/system but just feel very sad for myself that I wasn't given an honest chance to see my mother face one last time. Well, the embassy gives a chance, called the interview. But the primary blame for your denial rests on those from your country who entered the US on a visitor visa and never returned back, similar to your countryman's example I cited above.

It's been a week since she passed away and she has been buried and the funeral has been processed however my heart is dying to visit her grave and cry begging her to forgive me for not coming to see her when she was taking her last breath but I am so afraid to apply again and face the same refusal, I am afraid I won't be able to recover from another refusal especially after the CO finds out that my mother passed away after I was denied and u wasn't given a fair chance to see her and yet again he decides to refuse me on the same basis, what will I do then? And how will I move on with my life?? That's a risk immigrants bear when they decide to move to another country and away from their loved ones. I wish there was any other way I could apply or hire an attorney who could convery my genuine feelings and motivations to the CO so I would allowed visitation my mothers grave atleast. An attorney can't help one bit, you'd be wasting money.

[millefleur 5,047]

I don't think that the interview always gives a chance. In my experience, it seems like the decisions are made before you even get to the interview stage...at least, this seems to be the case with tourist visas. The interview just seems like some kind of formality and that's all. For immigrant visas, yes, the interview does seem to have some kind of weigh-in on the final decision....but for visitor visas, seems like it rarely changes any CO's mind.

If you have close family members in the US, they just automatically assume you want to immigrate. My theory is, as soon as you put "Yes, I have family in the US" on the DS-160 and you don't have a huge $$$$ income account and a super established job in your home country, they just automatically put you in the "denied" pile and the CO's ask some generic questions and hand over the denial paper in a matter of minutes, if not seconds. I've heard of people apply four or five times in this situation and then finally getting approved....but it took that many denials to convince them that you weren't intending to immigrate after all.

There are even other factors such as: if your English is too good, you're more likely to be denied because they assume you'll stay and look for work. I knew a girl here who totally BS'ed that at her interview....she faked a terrible Russian accent and spoke in extremely busted English, telling the CO "I want to go to the US to improve my English"....when in reality she had completely fluent English, and she got approved. But again, it feels like they had probably made up their minds to approved her before she even said that.

Edited November 1, 2016 by millefleur

[KierenHby 899]

I don't think that the interview always gives a chance.

maybe..

CO: Purpose of visit?

Ans: Visit my very ill mother who is in the ICU. This maybe my last chance to see my mother.

[MacUK 983]

I don't think that the interview always gives a chance. In my experience, it seems like the decisions are made before you even get to the interview stage...at least, this seems to be the case with tourist visas. The interview just seems like some kind of formality and that's all. For immigrant visas, yes, the interview does seem to have some kind of weigh-in on the final decision....but for visitor visas, seems like it rarely changes any CO's mind.

If you have close family members in the US, they just automatically assume you want to immigrate. My theory is, as soon as you put "Yes, I have family in the US" on the DS-160 and you don't have a huge $$$$ income account and a super established job in your home country, they just automatically put you in the "denied" pile and the CO's ask some generic questions and hand over the denial paper in a matter of minutes, if not seconds. I've heard of people apply four or five times in this situation and then finally getting approved....but it took that many denials to convince them that you weren't intending to immigrate after all.

There are even other factors such as: if your English is too good, you're more likely to be denied because they assume you'll stay and look for work. I knew a girl here who totally BS'ed that at her interview....she faked a terrible Russian accent and spoke in extremely busted English, telling the CO "I want to go to the US to improve my English"....when in reality she had completely fluent English, and she got approved. But again, it feels like they had probably made up their minds to approved her before she even said that.

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.

[JFH 12,190]

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.

Totally agree. The reason so many are denied is because AOS from tourist visas/VWP is so relatively easy with this "forgiveness for immediate family" clause. They have made a rod for their own backs with this. They are essentially saying "not granting you a visa because we think you'll overstay and adjust because we've made adjusting so easy".

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.

OP, I'm very sorry to hear you weren't able to see your mother. I am thinking it might be worth another attempt (but not in the immediate future) to see her grave. I'm sure she knew you would have tried everything you could do to get to see her and I'm sure she knew that the reason for you not being there was not through lack of trying.