sister-in-law refused visa to visit ailing husband

[BigSister]

My brother is undergoing cancer treatment in Alaska. He was diagnosed with Lung Cancer, Stage IV and his prognosis is poor. He arrived in June 2006 from the Philippines and started treatment in July. We hired a lawyer to help with adjusting his visa from B1 to B2, and also extending his stay (he was given only a month at the port of entry). His visa and extension were approved and now we're wanting his wife and son to visit him during this difficult time. The Manila consul denied them a visa for 2 reasons. First, according to them, my brother is here in the States illegally because he came for training and now he's staying for cancer treatment. Second, they did not think my sister and son would return to the Philippines even if my sister told them that they had to go back for school. My nephew is autistic and his development is slow but he is making progress. Interrupting his schooling would not be good for him. The consul also mentioned about my sister-in-law not having a job in the Philippines shows lack of ties to the Philippines.

As I mentioned earlier, my brother's prognosis is poor. His first round of chemo was not successfull and his cancer has already progressed. He just started second-line chemo recently and the doctor said it has a 10-20 chance of success. We don't know what the future holds for my brother. Meanwhile, we would like to see him and his family reunited even for a short time.

What can we do???

[curiousone]

My brother is undergoing cancer treatment in Alaska. He was diagnosed with Lung Cancer, Stage IV and his prognosis is poor. He arrived in June 2006 from the Philippines and started treatment in July. We hired a lawyer to help with adjusting his visa from B1 to B2, and also extending his stay (he was given only a month at the port of entry). His visa and extension were approved and now we're wanting his wife and son to visit him during this difficult time. The Manila consul denied them a visa for 2 reasons. First, according to them, my brother is here in the States illegally because he came for training and now he's staying for cancer treatment. Second, they did not think my sister and son would return to the Philippines even if my sister told them that they had to go back for school. My nephew is autistic and his development is slow but he is making progress. Interrupting his schooling would not be good for him. The consul also mentioned about my sister-in-law not having a job in the Philippines shows lack of ties to the Philippines.


As I mentioned earlier, my brother's prognosis is poor. His first round of chemo was not successfull and his cancer has already progressed. He just started second-line chemo recently and the doctor said it has a 10-20 chance of success. We don't know what the future holds for my brother. Meanwhile, we would like to see him and his family reunited even for a short time.

What can we do???

As harsh as it sounds, unfortunately they're right. If your brother started treatment in July for such an advanced stage of cancer, only a month after he arrived in the US, then he lied at POE about his reasons for coming to the US. The decision of the officer is not an appealable one but I would hav ehis attorney write aletter to the US Embassy asking for a reconsideration of their decision. I would apply for avisa only for the wife though and us ethe son staying back as a reason for her to return. It would b egood to show that the boy is austisic and ha sno one escept his mother to care for him...send it an djust hope for afavorable deciison. Send proof of the treatment and prognosis

[BigSister]

Thanks....I may not like it, but I understand, and there's a chance it might work.

Sometimes I feel guilty for encouraging him to seek treatment here because I knew that it meant for him being separated from his family. But then again, I truly believe that he has a better chance of fighting this dreadful disease in the US. And then the fear overcomes me about the what if's....what if he doesn't make it and he doesn't even see his family one last time. I'm not trying to be overly dramatic, but the chemo drugs he's taking puts him at high risk of stroke, blood clot, and hypertension. We had a scare a couple of months ago....the CAT scan showed blood clots and he was put on blood thinner right away.

Anyway, I just hope that the consul would probe more next time. She was asked only 3 questions and the consul did not appear to listen to any more explanations after he found out about his initial visa.

[curiousone]

Thanks....I may not like it, but I understand, and there's a chance it might work.

Sometimes I feel guilty for encouraging him to seek treatment here because I knew that it meant for him being separated from his family. But then again, I truly believe that he has a better chance of fighting this dreadful disease in the US. And then the fear overcomes me about the what if's....what if he doesn't make it and he doesn't even see his family one last time. I'm not trying to be overly dramatic, but the chemo drugs he's taking puts him at high risk of stroke, blood clot, and hypertension. We had a scare a couple of months ago....the CAT scan showed blood clots and he was put on blood thinner right away.

Anyway, I just hope that the consul would probe more next time. She was asked only 3 questions and the consul did not appear to listen to any more explanations after he found out about his initial visa.

I understand. Dont beat upyourself.. You did what you thought was right. yes, hes here illegally so that colors everyhting. The way I would approach if would be to get a letter from his doctor that shows that he has cancer and hes too weak to travel back home right now, without really saying that he has stage 4 cancer and about to die. But if thats so, then they might ask why cant she wait until he returns home...........its a tough call.
it will come down to her ability to convince them that she will return home.
if his visa extension is denied, then that makes it worse too because he would be required to leave immediately. The consul really wouldnt probe anymore becaus eit was established fairly easily that his stay is illegal ( if one lies about their intended length and purpose of stay) so the consul cant give a visa to a spouse to see her husabnd who used fraud to enter the US.......it sounds bad but...........have the attorney write the letter and pray

[BigSister]

Thanks curiousone.

[kureeus]

it sounds like the person who is now ill knew this, used the B1 'training' visa as a means to get free medical care and possibly bring his spouse over to live in the US...most likely the wife will not get a tourist visa since the embassy will not make the same mistake twice.
Also this kind of case will only make it 10X harder for others to get 'training' visas for a while since the memory of this event will likely be passed around the embassy and thus could affect others.