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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3933
Experience:  Private practice in several areas, including immigration
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I went to On the 10th.08.2016 i had an interview at the US

Customer Question

i went to On the 10th.08.2016 i had an interview at the US embassy in Kinshasa DRC in order to get a visa but i wasn't granted a visa and do not understand why but It seems as if there was misunderstanding between me and the visa officer while i was having my interview. As matter of fact, the supported evidence i brought for the interview could speak for itself.I am a British citizen and my son is an American citizen. At that time i traveled to the state,i had my vwp(ESTA) which allowed me to stay for 90 days, i was aware of that, as matter of fact the ticket i purchased was a returned ticket and i was due to come back to work since i was as Treasurer at Vodacom so there was no interest for me to overstay.
Now the reason why i had overstayed was under medical advice. My son was diagnosed Sickle cell trade (see attachment) and had to see a specialist and follow up a treatment if needed be after few test. There is medical letter as evidence. The medical body didn't authorize me to return without my son being seen by a specialist. But when i was asked at the interview by the visa officer why i overstayed, i told her it was because i wasn't well and had to be treated, told her that i had a mass health insurance to cover the cost for my treatment rather than paying with my private insurance which wasn't accepted in the states for some reason. So she had refused to grant me a visa saying that i wasn't allowed to have a MASSHEALTH insurance and that it was only for American Citizen and because of that despite the fact that my son has got chronic condition and need to be seen by a specialist for a probable treatment, she is not granting me a visa to go to the state this time on and even if i were to appeal, there is no guarantee that i will be allowed to have a visa or my VMP Ban lifted. She also said that i need to check with a member of my family to take my 17 months old baby there in the states rather than me for his treatment.
We actually have an appointment for my son on the 18.08.2016 as he may need to start some of his treatment but i have been denied a visa and do not know what i should do.
My son is 17 months old and need to be seen by a specialist as request when is a year old because of his condition and may start his treatment just like any american citizen who got the right to receive medical treatment without restricitons for chronic condition.
Another concern that i have is concerning his security. The political condition in DRC is not as good as it should be at this time as you are aware and we are living in an area which is very unsecured in Kinshasa and subject of a lot of turmoil, where Mr Etienne Tshisekedi , the Leader of UDPS a political opposition.
I need a professional advice and orientation on this as i would like to appeal against their decision which i find very unfair and careless.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 11 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Let me make sure that I understand the facts- you lied to the consular officer about why you' overstayed your ESTA? Why did you say that you overstayed because you were not well instead of just saying the truth about your child's medical condition?

Customer: replied 11 months ago.
Customer: replied 11 months ago.
Hi,I am still waiting for a response am i going to have one or i should take this one as the final one?
Customer: replied 11 months ago.
As matter of fact i did not lie i wasn't well but it's just that i emphasis more on the fact that i wasn't well rather than my overstay was justified by the doctor advice and request.
Expert:  Jen Marie, Esq. replied 11 months ago.

But do you have any evidence that you were not well and that is why you overstayed?

Customer: replied 11 months ago.
Well the fact is that i was collapsing from time to time and had breathing problem episodes so i was from time time admitted in the EA so i do not know what type of evidence i should possess for such a matter as they do not give you a report when you out from the EA
Expert:  Jen Marie, Esq. replied 11 months ago.

Was that happening to you in the US? If that happened to you in the US, you should be able to get medical/hospital records.

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