Rejected Twice under 214(b) for 2 year Medical Visa

[JackLondon 4]

Within the last 5 months I have applied two times for a Medical Visa and been rejected both times.

 

The first time I applied for a 3 year visa and was rejected in the interview,.

 

I reapplied for a 2 year visa, At the interview I was told my application will be held back for processing.

 

My doctor in the USA confirmed he received a call from the embassy two weeks ago,  I thought at this stage I may pass, but today I got the letter stating I was rejected again for the same reason as the last : Section 214(b)

 

Do I have any chance at this? I have now wasted 5 months and £400 in fees... Very dissapointed.

 

What should I do?

 

[Crazy Cat 39,402]

Your doctor in the US?   Maybe you don't meet the criteria for a "medical" visa......what prevents you from seeking medical help closer to your country?

[JackLondon 4]

2 minutes ago, missileman said:

Your doctor in the US?   Maybe you don't meet the criteria for a "medical" visa......what prevents you from seeking medical help closer to your country?

 

The doctor in the US is the inventor/patent holder for a device needed in the treatment, I cannot get this treatment anywhere else.

This was illustrated in the letter I left with the officer during my second interview(which they kept back to process and used to locate the doctor).

The treatment is non-cosmetic in nature.

[Crazy Cat 39,402]

44 minutes ago, JackLondon said:

 

The doctor in the US is the inventor/patent holder for a device needed in the treatment, I cannot get this treatment anywhere else.

This was illustrated in the letter I left with the officer during my second interview(which they kept back to process and used to locate the doctor).

The treatment is non-cosmetic in nature.

If this is a B2 for US medical treatment, the requirements are the same as a tourist visa as well as more.  What can you do?  You must overcome the assumption that you are intending to stay in the US.....not an easy task if this is continual stay.

 

A person seeking medical treatment in America can apply for USA Visitor Visa(B2 Visa) for medical treatment purpose. The requirement for this is same as for Visitor Visa. Please refer details on the requirements visitor visa requirements

In addition to these following must be produced:

• A valid statement/letter from a doctor or institution concerning proposed medical treatment
• Written confirmation from the medical facility that arrangements have been completed for treatment and where and from whom treatment will be received;
• An estimate in writing from the facility or physician of how much the proposed treatment is likely to cost;
• Proof that financial arrangements for payment of estimated expenses have been made;
• A physician's statement estimating the length of time required for the treatment

 

[WeGuyGal 1,052]

Sounds as if the embassy had lingering doubts after speaking to the doctor. 

 

How did you locate the doctor? 

[Boiler 43,622]

So you need to be in the US for 2 years?

 

Obviously that would be mega bucks.

 

Or is this a few trips over a 2 year period?

[SusieQQQ 11,584]

Wonder if the embassy is sceptical about the validity of the patent/invention. I’m sure it’s easier to get a medical visa when not only the doctor looking to make money out of it motivates for it, but also doctors in the home country - especially if it’s a developed country. Not sure if the letter mentioned necessarily has enough to satisfy their requirements as per missileman’s post.

 

2-3 years is also a long time to ask for a visa, and while I understand the frustration at waiting 5 months only for rejection, £400 is going to be a drop in the ocean vs 2-3 years worth of living and medical expenses in the US.  JackLondon, I presume you demonstrated ability to cover all associated costs too? 

[Unlockable 7,306]

2 hours ago, JackLondon said:

 

The doctor in the US is the inventor/patent holder for a device needed in the treatment, I cannot get this treatment anywhere else.

This was illustrated in the letter I left with the officer during my second interview(which they kept back to process and used to locate the doctor).

The treatment is non-cosmetic in nature.

Here are some big questions that you need to think about...

 

Is this a medical treatment or a medical/clinical trial? Trials are heavily regulated.

Is the device FDA approved?

Since this is a new device, what are the options for normal treatment? And are they readily available in your country.

 

You don't have to answer the questions but they will give you insight on why you were denied for this type of treatment. If normal treatment options of your condition are readily available in your country, but you are choosing this new device, it will place you in a risk since there is no evidence that the treatment will work. What if the treatment cause more damage which could result in your requiring other treatments? 

 

On the other hand, if you have a specific condition where there are no specialist or equipment/devices in your country that could treat it. And the US has a doctor with an approved treatment/device (emphasis on FDA approved because that is one of the reasons why the FDA exists). Then you can certainly justify a medical visa.

Edited September 10, 2018 by NuestraUnion

[JackLondon 4]

2 hours ago, missileman said:

If this is a B2 for US medical treatment, the requirements are the same as a tourist visa as well as more.  What can you do?  You must overcome the assumption that you are intending to stay in the US.....not an easy task if this is continual stay.

 

A person seeking medical treatment in America can apply for USA Visitor Visa(B2 Visa) for medical treatment purpose. The requirement for this is same as for Visitor Visa. Please refer details on the requirements visitor visa requirements

In addition to these following must be produced:

• A valid statement/letter from a doctor or institution concerning proposed medical treatment
• Written confirmation from the medical facility that arrangements have been completed for treatment and where and from whom treatment will be received;
• An estimate in writing from the facility or physician of how much the proposed treatment is likely to cost;
• Proof that financial arrangements for payment of estimated expenses have been made;
• A physician's statement estimating the length of time required for the treatment

 

The letter I gave them provided all of the bullet points above. + More (My 3d Cone Beam scan, tables of data illustrating why my treatment is important and of a mandatory nature, along with the many negatives symptons that will likely arrise if it is ignored).

 

2 hours ago, SusieQQQ said:

Wonder if the embassy is sceptical about the validity of the patent/invention. I’m sure it’s easier to get a medical visa when not only the doctor looking to make money out of it motivates for it, but also doctors in the home country - especially if it’s a developed country. Not sure if the letter mentioned necessarily has enough to satisfy their requirements as per missileman’s post.

 

2-3 years is also a long time to ask for a visa, and while I understand the frustration at waiting 5 months only for rejection, £400 is going to be a drop in the ocean vs 2-3 years worth of living and medical expenses in the US.  JackLondon, I presume you demonstrated ability to cover all associated costs too?  

 

I doubt the embassy is sceptical about the vailidity of invention, My doctor is a lead professor at UCLA, has been there for over 30 years and has numerous certifications.

 

Also the price of my treatment was incredibly cheap, the embassy officer actually commented on it, so I am doubting it was for those reasons.

 

I did bring paperwork with me to prove I could more than cover my stay, along with estate agent listings, eletricity pricing, etc to show how I calculated my budget , but they didnt ask me for it so I didnt get to provide.

 

1 hour ago, NuestraUnion said:

Here are some big questions that you need to think about...

 

Is this a medical treatment or a medical/clinical trial? Trials are heavily regulated.

Is the device FDA approved?

Since this is a new device, what are the options for normal treatment? And are they readily available in your country.

 

You don't have to answer the questions but they will give you insight on why you were denied for this type of treatment. If normal treatment options of your condition are readily available in your country, but you are choosing this new device, it will place you in a risk since there is no evidence that the treatment will work. What if the treatment cause more damage which could result in your requiring other treatments? 

 

On the other hand, if you have a specific condition where there are no specialist or equipment/devices in your country that could treat it. And the US has a doctor with an approved treatment/device (emphasis on FDA approved because that is one of the reasons why the FDA exists). Then you can certainly justify a medical visa.

 

My treatment is not a Clinical Trial.

Normal treatment doesnt exist, they are not available in my country(UK) under multiple EU Regulations.

 

The embassy should provide a reason for denial, the section 214(b) lists multiple reasons...

 

I phoned a top solicitor in London, who charges £650+ VAT per hour, she told me that she doesnt believe I can get a B2 Medical Visa for 2 years, only 6 months, is this true?

 

 

Edited September 10, 2018 by JackLondon

[WeGuyGal 1,052]

You were provided with the reason for the denial, the 214(b); however boilerplate it is. 

 

I don't know what other options are available after the dual rejections. Perhaps another go at ~$160?

[JackLondon 4]

 

7 minutes ago, WeGuyGal said:

You were provided with the reason for the denial, the 214(b); however boilerplate it is. 

 

I don't know what other options are available after the dual rejections. Perhaps another go at ~$160?

 

Sorry for missing your first question to me, I thought I quoted it.

 

To answer your question, I highly doubt the embassy had doubts after speaking with the doctor as my doctor knew the circumstances.

 

7 minutes ago, WeGuyGal said:

You were provided with the reason for the denial, the 214(b); however boilerplate it is. 

 

I don't know what other options are available after the dual rejections. Perhaps another go at ~$160?

 

 

Yes, I think another $160 is all I can do, but considering that the embassy didnt ask for anything other than the doctors letter, it doesnt seem like they questioned my ability to afford the stay without working... along with other things, unless they just assume it somehow...

 

 

2 hours ago, Boiler said:

So you need to be in the US for 2 years?

 

Obviously that would be mega bucks.

 

Or is this a few trips over a 2 year period?

I need to be in the US for 2 years, I planned to rent somewhere to live reasonably close to my treatment facility.

Edited September 10, 2018 by JackLondon

[JackLondon 4]

.

Edited September 10, 2018 by JackLondon

[WeGuyGal 1,052]

At my wits end on this one. The treatment appears needed going by the CO's convo with the doc, and funding appears not to be an issue. 

 

Comes down to either the doc saying something in confidence that gave the CO pause, or they aren't convinced you'd return home. 

[JackLondon 4]

3 minutes ago, WeGuyGal said:

At my wits end on this one. The treatment appears needed going by the CO's convo with the doc, and funding appears not to be an issue. 

 

Comes down to either the doc saying something in confidence that gave the CO pause, or they aren't convinced you'd return home. 

 

Yes, I think its the returning home that maybe the issue here, I do not have a mortgage, havnt had a job for over 8 years(reason why I need the treatment), and also the first interview I had, the CO had a funny look at me and said "You know you cant work in the USA, because that would be illegal if you did" and I replied I won't work...

 

Frustrating situation, my doctor will probably withdraw my option for treatment soon if I don't progress

[Roel 7,191]

Just curious - if you don't have a job how can you afford treatment in the US (very expensive health care) , rent and other costs of living in the US? Since you clearly won't be allowed to work.

 

I never heard of 2 year visa, usually temporary visas like tourist or business  visas are MAX 6 months. IMO if you were denied twice then it would be a waste of money for you to apply again.

 

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