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Cancer and visitor visa

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Hello,

I am a US citizen by naturalization. I was recently diagnosed with advanced cancer and undergoing treatment now. I also have a 6 month old baby. I need my mom really bad here. She has a Russian passport and two residencies, one in Spain and one in Belarus. You are not supposed to have two residencies. She was going to apply to change her Belarussian residency to a citizenship and give up her Russian citizenship. It is time consuming and it is more important for her to be here with me.

I consulted an immigration attorney and she suggested to bring a notarized letter from my oncologist.

She also owns an apartment in Belarus, has a bank account, and gets her pension in Belarus. But she was denied a guest visa to US twice, 3 and 6 years ago.

I am kindly asking for everybody's suggestions. It will be very difficult for me to make it without my mom here.

Thank you.

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Hello,

I am a US citizen by naturalization. I was recently diagnosed with advanced cancer and undergoing treatment now. I also have a 6 month old baby. I need my mom really bad here. She has a Russian passport and two residencies, one in Spain and one in Belarus. You are not supposed to have two residencies. She was going to apply to change her Belarussian residency to a citizenship and give up her Russian citizenship. It is time consuming and it is more important for her to be here with me.

I consulted an immigration attorney and she suggested to bring a notarized letter from my oncologist.

She also owns an apartment in Belarus, has a bank account, and gets her pension in Belarus. But she was denied a guest visa to US twice, 3 and 6 years ago.

I am kindly asking for everybody's suggestions. It will be very difficult for me to make it without my mom here.

Thank you.

Unless she can get a Spanish passport which takes 10 years after living in Spain as permament resident or 2 if she is married to a Spanish citizen it wont make any differences if she has a belrus passport or Russian passport. the embassy will want your mom to prove she has strong ties in her country of residence .

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not sure why you say you are not suppose to have 2 residencies / many when retire buy a summer home, even out of the country

why was she denied before

that will determine a new applicaiton

being sick, a doctor can ask for visiting nurses to help

even though being with family and especially mom is in your best interests, it may not be a reason for approval

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Hello,

I am a US citizen by naturalization. I was recently diagnosed with advanced cancer and undergoing treatment now. I also have a 6 month old baby. I need my mom really bad here. She has a Russian passport and two residencies, one in Spain and one in Belarus. You are not supposed to have two residencies. She was going to apply to change her Belarussian residency to a citizenship and give up her Russian citizenship. It is time consuming and it is more important for her to be here with me.

I consulted an immigration attorney and she suggested to bring a notarized letter from my oncologist.

She also owns an apartment in Belarus, has a bank account, and gets her pension in Belarus. But she was denied a guest visa to US twice, 3 and 6 years ago.

I am kindly asking for everybody's suggestions. It will be very difficult for me to make it without my mom here.

Thank you.

why was she denied? No matter the reason for the visit she must show strong ties to her home country, without it she will be denied again-it doesn't matter were her passport is from, the key is strong ties.



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A letter from your oncologist, on their official letterhead, stating a brief history and diagnosis can be helpful; it doesn't have to be notarized.

On the DS-160, for Purpose of Visit, state "..visiting daughter with cancer, letter from oncologist.." to guide the embassy that this would not be a routine tourist visit. Good luck!


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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She was denied for common reason - not enough evidence for strong ties to her country. No other issues.

Thank you very much for your responses.

Good luck and please keep us updated. I wish you the best with your treatment and recovery



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I am kind of surprised she was denied, did she have the Spanish residency then? The fact that she travels often (presumably) to a EU country can help. Also be sure that she explains at the interview that she is travelling to emotional support you, NOT to nurse you, or babysit the child; that would be considered work, and not allowed on a tourist visa.

Good luck!

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Out of all the threads I have read about people needing a tourist visa, I can say your reason is without a doubt one of the best I've seen. I really hope she get's her approval. I try to look at things through the CO's eyes, and I would issue a visa in this case. But I don't want to get your hopes up. As stated get a note from your oncologist. The down side to that is they usually have their minds made up before they walk into the room. So make sure you put what KierenHby stated on the DS-160. Strong Ties will be very important as well, because like I said, they will have their minds made up before she walks in. Good luck, and I hope you are approved and prayers for your health.


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I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

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Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

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Dude I understand just having mom there at this time, no matter how old

one gets the injection of having a parent there in times like these is great

emotional support unmatched by any other, she can apply again &

be sure to have strong medical evidences with strong ties where

she now resides, I'd also reach out to my congress-person to see if

a compassionate contact to the embassy can help (it has B4)

If all that fails I guess you can try for Humanitarian Parole (a longer process

but request to expedite can be made) I wish you Gods richest blessings of

health & more...

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Out of all the threads I have read about people needing a tourist visa, I can say your reason is without a doubt one of the best I've seen. I really hope she get's her approval. I try to look at things through the CO's eyes, and I would issue a visa in this case. But I don't want to get your hopes up. As stated get a note from your oncologist. The down side to that is they usually have their minds made up before they walk into the room. So make sure you put what KierenHby stated on the DS-160. Strong Ties will be very important as well, because like I said, they will have their minds made up before she walks in. Good luck, and I hope you are approved and prayers for your health.

OP: I'm very sorry to her about your problems -- I hope the treatment is successful.

However, if you try to look at things through the CO's eyes,it may not result in a visa issuance. Unfortunately, the sympathy an officer might feel for your situation cannot effect their decision. They have taken an oath to uphold the laws of the US, including the visa laws. On two previous applications, your mother did not show sufficient ties outside the US in the eyes of two different officers. Unless she has new, stronger ties, it will be difficult to prove that she now has strong enough reasons to return home when, in fact, she now has even more reasons to go and stay in the US (taking care of you and the baby). Plus, doing so may be thought to be "working" in the US by the officer.

You are now a US citizen and could petition for her to get US permanent residency. That could be viewed favorably -- that applying for a visitor visa means she really doesn't want to immigrate. Or, it could be viewed negatively -- that she is trying to short-circuit the process and plans to apply for an adjustment of status.

I don't want to discourage you or to make your situation appear hopeless when what you need now is to be as hopeful as possible. I wish you the best and hope that all things work out for you, but wanted to show, in part, what it might mean to view this through the eyes of the consular officer. Often, if the decision could be made on a purely personal level, an officer would issue a visa; however, when all applicable laws are fully considered, it becomes more difficult. Again, I hope you get the help and support you need to go through this difficult time.

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