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  • Overstay due to hospitalization

    Hi,

    The last time i was here on a work permit , my mother came to visit and fell greviously ill (Pnuemonia and TB). As a result she was hospitalized and of course it was not advisable for her to leave. We got her I-94 extended for another 6 months and it was due to expire in Oct. We left the US on sep 9th earlier than the actual expiry of the new I-94.
    Sadly though this time after i came here on work again my mothers visitor visa app has got rejected twice. She had carried the original I-94 extension , hospital bills and letters from the doctors in the US. She also had copies of the medical insurance payment for the treatment.
    She was harshly rejected with the accusation of being a liar.

    My question is
    1) How can one prove to the consulate officer the authenticity of the I-94 approval letter?
    2) is there something that should be done from within the US ? i am her only child and desperately seeking answers.

    Appreciate any kind of help or pointers.

    Regards
    MVM

  • #2
    The VO does not necessarily disbelieves that the letter is true. But that she will not overstay again or become ill and eventually a burden to the US government and people.

    Who paid for her hospitalization and medical care during the first visit? that will be the key for her to get a visa.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      You also must realize that TB is a serious disease that is viewed very harshly by US health officials. It may be possible that they will not admit her with that medical history since during her stay and possiblely during her travel that she exposed many people.

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      • #4
        Has she taken and been on the treatment for the entire 1 year? TB is usually dormant and can strike again even after the treatment if exposed and not properly cared for. May be that is the reason.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          Good point. Also, it can be transmitted very easily by cough, sneeze, by spit, or even by simply speaking, by droplets expelled through nose and mouth.

          Comment


          • #6
            Not all forms of TB can spread from my limited knowledge on this subject. Only one in the lung can spread by this medium and most of them are eliminated with 1 year treatment.

            TB exposure to people from third world countries is common and many thousands test positive in the skin test for that reason. As long as one has the immune system to combat it, it remains dormant and once it weakens, that can strike again.

            I've couple of friends that were residents in hospitals here that started with no reaction to the skin test in their 1st year and by the time they were done, they started having positive skin test. (They need to get tested every year)

            Just making a conversation here and in no way intending to discredit anyone or hurt OP.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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            • #7
              I think it is essention that the mother of the OP appear with a very recent set of test results and doctor's report (preferably from one of the doctors who are authorized to give required immigration physical exams) at the time of interview.

              Since there have been widely reported incidents of exposure during travels to US, I would expect VOs to be extremely reluctant to give visa to someone with the history of TB unless it is conclusively proven that the person is cured.

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              • #8
                overstay

                Thanks for all the replies. Appreciate the time spent.

                My mothers entire hospital stay and expenses were covered by me and the insurance.

                Also she completed her treatment and got a clean chit of bill from the doctor in india. 3 years have passed now and she is doing very well with no health problems.

                Before she went for her interview we also got a complete checkup done , those results were also taken when she went for the interview.

                I understand that this is a good reason for them to reject, but it seems very vindictive .

                Comment


                • #9
                  Thanks !

                  Thank you ...no one gets intentionally sick , its something unfortunate and as long as the person can prove that they are healthy for travel i dont think they should discriminated against.

                  Thank you for your reply.

                  Comment


                  • #10
                    There was no discrimnation in the discussion here. Members were pondering over a possible cause of rejection of visa which might be true. Also, history of longer stays and extensions, whatever be the reason, can be another possible cause.

                    Comment


                    • #11
                      Am sure ...

                      ... people do realize that contagious viral disease infections and treatments require a specialists confirmation of full recovery.

                      A family physician's note without appropriate diagnostic documentation will not suffice.

                      About discrimination, just read every body's experiences with US Immigration system and you'll be shocked.

                      Good luck.

                      Comment


                      • #12
                        OP, It is true no one plans to become ill. I feel that your mother might have been affected by the near hysteria caused by several recent well publicized incidents of travelers with TB.

                        It is good that she has recovered! It sounds like she was well prepared with documents on her current health. She needs to emphasize if asked the reason for her overstay she need to say something to the effect that once it was discovered that she had TB while she was in the US, it would have been irresponsible of her to travel until she was cleared by US doctors.

                        Perhaps a little time and a different VO will make a difference. Good luck with her next try.

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