Visa appeal for "compassionate" grounds... advice

[shantao]

I¡¯m hoping that someone will have advice for me, as I really don¡¯t know where to go for help right now.

 

My father worked in China for 10 years. In March he was diagnosed with cancer and spent his savings getting treatment in China. He came home to the US for a visit at the end of August (with a ¡°green light¡± from the Chinese doctors) but I knew something was wrong. We ended up in the ER and quickly found out that the cancer had spread to his spine - the Chinese doctors hadn't caught it. The American doctors have given him less than 6 months to live and he was checked into hospice earlier this week. His life-partner (¡°girlfriend¡± because China doesn¡¯t recognize ¡°common law¡± spouses) of 8 years is a Chinese citizen. She was denied a visitors visa by the American Embassy in Beijing on September 14th because she wasn't able to provide "proof of ties in China" and they did not take the extenuating circumstances into consideration. I have since submitted my father¡¯s medical file to the Embassy to request re-consideration for compasionate reasons but they have not replied. It¡¯s been weeks.

 

I know that it¡¯s National Day now in China, and I don¡¯t expect a response for the next couple of days¡­ but my question is this: I have used all the available channels of communication with the Embassy and received no response. It has been more than one month. It seems like we are talking to a wall. What agencies are responsible for oversight of the Embassy and Consulates? I¡¯ve sent a letter to the State Department, but that hasn¡¯t helped either. To whom else can we appeal? Ideas would be greatly appreciated. I refuse to believe that after everything they have been through together, that it would be the US government that would keep my family apart in this most desperate hour.

[dnoblett]

Contact your state senator an work with their liaison to the Department of State.

 

For example this is what my state senator has: http://schumer.senate.gov/Services%20for%20New%20Yorkers/visas.htm

 

Start here: http://www.senate.gov/general/contact_information/senators_cfm.cfm

[Randy W]

This is just an idea to toss out - I have no idea how well it might work for him - marriage.

 

You can (possibly?) get them married in China, especially if he is still able to travel. If he can travel, though, wouldn't he want to be in China?

 

Or apply for a fiance visa. I have no idea how his condition would affect this, but it would seem to be his only hope if he can't travel.

[dnoblett]

To add to what Randy tossed out there, is IF he filed for a K-1 for girl-friend, I would again work with the senator's office to see if they could possibly expedite this through USCIS and on to the consulate.

 

One thing about the K-1 is i has immigrations intent all over it, so that is not a factor to deny, and also it guarantees that he visa holder has two options once used, (Get married to petitioner, or return home), a K-1 cannot marry anyone else other than petitioner and then adjust status, they would have to return home and file for a spouse visa.

[Beachey]

I think you are getting very good advice, I would just add that I wish you as many good days as possible with your father in the time he has left.

[chilton747]

Maybe contact Marc Ellis to see how he could help?

[credzba]

I¡¯m hoping that someone will have advice for me, as I really don¡¯t know where to go for help right now.

 

My father worked in China for 10 years. In March he was diagnosed with cancer and spent his savings getting treatment in China. He came home to the US for a visit at the end of August (with a ¡°green light¡± from the Chinese doctors) but I knew something was wrong. We ended up in the ER and quickly found out that the cancer had spread to his spine - the Chinese doctors hadn't caught it. The American doctors have given him less than 6 months to live and he was checked into hospice earlier this week. His life-partner (¡°girlfriend¡± because China doesn¡¯t recognize ¡°common law¡± spouses) of 8 years is a Chinese citizen. She was denied a visitors visa by the American Embassy in Beijing on September 14th because she wasn't able to provide "proof of ties in China" and they did not take the extenuating circumstances into consideration. I have since submitted my father¡¯s medical file to the Embassy to request re-consideration for compasionate reasons but they have not replied. It¡¯s been weeks.

 

I know that it¡¯s National Day now in China, and I don¡¯t expect a response for the next couple of days¡­ but my question is this: I have used all the available channels of communication with the Embassy and received no response. It has been more than one month. It seems like we are talking to a wall. What agencies are responsible for oversight of the Embassy and Consulates? I¡¯ve sent a letter to the State Department, but that hasn¡¯t helped either. To whom else can we appeal? Ideas would be greatly appreciated. I refuse to believe that after everything they have been through together, that it would be the US government that would keep my family apart in this most desperate hour.

 

 

I am just thinking as if it was me.

 

If I had 6 months to live, and there was no chance for medicine in america to help me anyway .. send me back to China !

Hospice just means a place to wait till you die, if it were me I'd rather wait with the one I love than wait alone.

[Kyle]

Maybe contact Marc Ellis to see how he could help?

 

I was just getting ready to mention something like this.