B medical visa approval with previous GC/immigration application?

[varun_sethi]

hello,

I wanted to know if its possible to apply for a B visa for medical treatment in the USA if i have had a previous Green Card application/immigration intent? I never got the GC but my company applied and i reached the second stage before i left back for India.
I think in such a case getting the regular tourist visa might be hard but i wanted to know if the VO will make an exception for medical purposes.

I have a genuine medical case and have had several surgeries previously in the US for the same condition (when I was there on H1B).

Any advice would be appreciated!

Thanks!

varun

[peace999]

It is hard but it is possible. That is if the Consular is convinced that you will return after your current visit.

You need to tell me more facts;
How much time has elapsed after your returned from US?
Why did you return?Is your actual intent to pursue the petition or not?
Or have you abandoned it?

Do you have any family as PRs or citizens in US?
Are you married (?? children) in India?
Do you have a stable , well paying job in India? For how long?

,

[varun_sethi]

hi peace999,

thanks for your reply. answers to your question.
1) its been about 9 months since my return to india
2) i returned back to india because of health issues. I had several surgeries in the US, and was on disability for almost 2 years (my company helped maintain my h1b), but nothing helped so i returned back to india to have family support. throughout my stay i was on valid h1b.
3) my intent in this visit is just to have treatment and return back as soon as i am fit. I would need to stay about 3 months in the US for my treatment.
My company did not pursue my h1b after I left so i guess the application must have got abandoned.
4) My fathers sister is a US citizen for last 40 years, but we dont have close relationship.
5) i am single with no children.
6) yes i have a stable well paying job in india about 10L Rs.

//----
Basically I want to know what are my chances of getting medical B2 visa approved in such a case? as in, is visa approval likely or unlikely?
I had stayed in the US for 7 years in MS+OPT+H1B and without any incidences.

Thanks!!

[peace999]

There are some negatives like your single marital status but No harm in applying. if you prepare your answers/documents right, you do stand a chance.

You must be able to show that your illness requires a visit there.

1. Get a letter from your treating doctor in US attesting to your history of illness and funds required for treatment this time.
2. If you can ask your previous employer who filed your Green card petition to send you a statement that your petition is abandoned. That will be a strong point.
3. Get a letter from your employer here that your job is permanent , stating your salary and
granting of 3 month medical leave.
They will also ask you questions about who will accompany you if you are disabled
and you must be able to show enough funds to meet the medical expenses.

good luck

hi peace999,

thanks for your reply. answers to your question.
1) its been about 9 months since my return to india
2) i returned back to india because of health issues. I had several surgeries in the US, and was on disability for almost 2 years (my company helped maintain my h1b), but nothing helped so i returned back to india to have family support. throughout my stay i was on valid h1b.
3) my intent in this visit is just to have treatment and return back as soon as i am fit. I would need to stay about 3 months in the US for my treatment.
My company did not pursue my h1b after I left so i guess the application must have got abandoned.
4) My fathers sister is a US citizen for last 40 years, but we dont have close relationship.
5) i am single with no children.
6) yes i have a stable well paying job in india about 10L Rs.

//----
Basically I want to know what are my chances of getting medical B2 visa approved in such a case? as in, is visa approval likely or unlikely?
I had stayed in the US for 7 years in MS+OPT+H1B and without any incidences.

Thanks!!