Dear Atty. Lou,
My 98-year-old mother has not seen my sister, who resides in the Philippines, for a total of 38 years. Now my mother is very ill and has been in out of the hospital. Many times, she was on the verge of dying but survived after treatment. She has multiple medical problems including dementia. Most recently during the holidays, she suffered a mild stroke. She told me that her only wish is for her to see my sister before she dies.
In our Filipino culture, I believe, there is a saying that when someone is suffering a serious ailment and is on the verged of death, this person may be waiting for wish to become a reality. Probably the reason why my mother is still alive despite her serious medical conditions is that she is still waiting to see my sister. My question Atty. Lou is how can my sister apply for a visitor’s visa? For sure, she does not have proof of employment neither does she own properties. However, I can shoulder all her costs for travel including her round trip ticket and her expenses during her temporary stay here. I am willing to execute an Affidavit of Support. Please guide us on what we can do. I want our mother’s wish to come true before the inevitable happens. May this be considered a humanitarian request for a visa? Please help us.
Maria
Dear Maria,
I totally understand how you feel about your mom and her ardent desire to see your only sibling left in the Philippines. You did not mention whether your mother petitioned your sister. If your mother and your sister have not seen each other for 38 years, I would assume that no relative petition was filed on her behalf.
There are two ways for your sister to obtain a visa to enter the United States for a visit. The first one is through a B2 visitors visa. This type of visa is the most appropriate for your sister. A visitors visa is granted to those who wish to enter the United States temporarily for pleasure. It is expected that the visa applicant must show proof that she will only stay in the United States for a short period of time or holds a non-immigrant intent. This means she should be able to convince the consular officer that she will not stay permanently in the United States. Under Section 214(b) of the Immigration and Nationality Act, a legal presumption exists that every applicant for a visitors visa is an intending immigrant until he or she establishes to the satisfaction of the consul that he or she is eligible for a nonimmigrant status as a visitors visa holder. Once the presumption is overcome, the applicant will be able to obtain a nonimmigrant visa and subsequent admission to the United States. In overcoming this presumption, the applicant must show sufficient ties to the Philippines and that her ties will not be abandoned during her temporary stay in the United States.
It is a challenge that your sister has no properties or sufficient income. But her ties to the Philippines may be established by other means like the residence of her own family and long time employment. The health condition and advance age of your mother may be strong reasons to prove the urgency of the visit and the temporary nature of your sister’s stay in the United States.
If after exerting all efforts to apply for a visitors visa and your sister is still denied one, she may try to apply for the humanitarian parole visa, which is the visa of last resort for those who urgently need to travel for humanitarian reasons with the U.S. Citizenship and Immigration Services.
I hope this information is helpful. Good luck.
Atty. Lou
(Lourdes Santos Tancinco Esq .is a partner at the Tancinco Law Offices, a Professional Law Corp. Her principal office is located at One Hallidie Plaza, Suite 818, San Francisco CA 94102 and may be reached at 1 888 930 0808, email at law@tancinco.com. The content provided in this column is solely for informational purposes only and do not create a lawyer-client relationship. It should not be relied as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You may submit questions to law@tancinco.com)
