Emergency U.S. Visa

[Kekegenkai]

A friend of mine who is married to a Thai lady just passed away. He and Ket were about mid way through the process of her visa application for the U.S.  Vern's mother contacted me to see if I could find out if anyone knew if there was a way to get an emergency, short term visitor visa.  His mother really likes Ket and very much wants to have Ket attend the memorial services if at all possible.  She is quite willing to delay the services for a time if there is any chance Ket can come over.  If anyone has any knowledge if anything like this is possible or exists and how to go about it your input would greatly be appreciated. Thanks.

[tonray]

https://www.ustraveldocs.com/th/th-niv-expeditedappointment.asp

[bwpage3]

In order to obtain emergency appointment for US Visa, you must first pay the visa fees as required in a regular visa appointment. Then complete the DS-160 US Visa Application form. The next step at the time you schedule the US visa appointment online, an onscreen message with the earliest available dates are shown that includes expedited/emergency appointments. You may find it unnecessary to apply for an emergency appointment because no earlier dates are available. If you still want to apply for the emergency appointment, fill the Emergency Request Form, and state your reason for emergency.

 

Once you have submitted your request, you will receive an email from the Embassy (from email address [email protected]) confirming or denying the appointment. If the emergency appointment request is denied keep the existing appointment. If the request is accepted you will receive an email alert and you can schedule your appointment online. If you do not receive a confirmation or denial check your junk or spam folders for the email.

 

 

Someone may qualify for an expedited appointment if there is a death of an immediate family member (brother, sister, husband, wife, son, daughter, parents) in US. The visa applicant may accompany the body back to the home country or attend the funeral. The documents required are:

• Evidence of immediate family relation with the deceased.
• A letter from the funeral director that contains the date of the funeral, the details of the deceased, and the director's contact information.

 

 

Generally, within 2 days after you send your emergency request, you will receive an email from the Consular Section approving or denying the emergency request.  If your emergency request is approved, the email will include additional instructions. If the emergency appointment is denied, you have to wait for the regular appointment.

[Scott]

Years ago, I worked in visa processing for a US Dept of State contract.   You cannot have two different type of visa applications, so if the visa application by her husband to resettle in the US is still active, she will not be able to get a tourist visa.  

 

I would have her make sure one visa request won't interfere with another one.  

 

 

[khunjeff]

7 hours ago, Scott said:

Years ago, I worked in visa processing for a US Dept of State contract.   You cannot have two different type of visa applications, so if the visa application by her husband to resettle in the US is still active, she will not be able to get a tourist visa.  

 

I would have her make sure one visa request won't interfere with another one.  

 

That isn't true at all. The pending immigrant visa petition may raise questions that will make it more difficult for her to convince the officer to issue a tourist visa, but issuance of a tourist visa is not legally precluded:

 

9 FAM 401.1-3(E)(2)(e)

 

You may properly issue visitor visas to applicants with immigrant visa (IV) applications pending or, with IV petitions pending with the United States Citizenship and Immigration Services (USCIS). You must be satisfied that the alien’s intent in seeking entry into the United States is to engage in activities consistent with B1/B2 classification for a temporary period and that the applicant has a residence abroad which they do not intend to abandon. While an active immigrant visa application or petition is reflective of an intent to immigrate, it may not be proper for you to refuse issuance of a visa under INA 214(b) solely on that basis, unless you have reason to believe the applicant’s true intent is to remain in the United States until such a time as an immigrant visa (IV) becomes available.

[GinBoy2]

I have no knowledge of this.

 

But given that there is a time crunch, wouldn't the prudent thing be to contact an immigration attorney ASAP and get their advise?

 

We have lots of knowledge floating around here, some good, some bad.

 

But dicking around with anecdotal information doesn't get the process rolling.

[Panadadad]

4 hours ago, GinBoy2 said:

I have no knowledge of this.

 

But given that there is a time crunch, wouldn't the prudent thing be to contact an immigration attorney ASAP and get their advise?

 

We have lots of knowledge floating around here, some good, some bad.

 

But dicking around with anecdotal information doesn't get the process rolling.

I second this. An immigration attorney would be a great place to start. The one I’m using has an office in Texas and Bangkok

Robert Varasin and associates 

[Scott]

5 hours ago, khunjeff said:

 

That isn't true at all. The pending immigrant visa petition may raise questions that will make it more difficult for her to convince the officer to issue a tourist visa, but issuance of a tourist visa is not legally precluded:

 

9 FAM 401.1-3(E)(2)(e)

 

You may properly issue visitor visas to applicants with immigrant visa (IV) applications pending or, with IV petitions pending with the United States Citizenship and Immigration Services (USCIS). You must be satisfied that the alien’s intent in seeking entry into the United States is to engage in activities consistent with B1/B2 classification for a temporary period and that the applicant has a residence abroad which they do not intend to abandon. While an active immigrant visa application or petition is reflective of an intent to immigrate, it may not be proper for you to refuse issuance of a visa under INA 214(b) solely on that basis, unless you have reason to believe the applicant’s true intent is to remain in the United States until such a time as an immigrant visa (IV) becomes available.

In general, they will not accept a new visa application if one is active.  Can they?  Yes, Consul officers have very wide latitude in what they can do, especially in the event of an emergency.  

I suspect that the original petition would be invalid if her husband -- who is the applicant, has died.  It's a good idea for her to show up with all relevant information, like the death certificate.   If the original petition is withdrawn or voided, then she is clear to get a tourist visa much more easily.  

[Kekegenkai]

Thanks! My B1/B2 emergency requests were denied because they said they are just not processing that category of visas apparently.

I submitted my first B1/B2 request in Jan 2020 before leaving the States for an interview date of March 16th 2020 which was just the most unfortunate timing coz https://showbox.bio/ https://vidmate.cool/ my appointment was cancelled over 5 times and I had requested an emergency to see family in July 2020 but they rejected it immediately.

In Jan 2021, my sister who is an American citizen was having her first child so I submitted a new B1/B2 app and emergency request but it also was denied.

I then applied for my L1B a few weeks ago and my company requested an emergency appointment that was rejected but the Toronto consulate reset the expedite option so I could re-try it later....which I did to a different facility and it was also denied lol....

Hence 4 tries and $600 USD spent so far on requesting them.

And since I am in consulting, my company does not allow submitting petitions beyond two months to keep the role relevant.