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Opinion

When emergency strikes  

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

This week I had one of the most fulfilling experiences in my years of immigration practice. In what was a very challenging situation, all involved parties played a vital role in ensuring a successful outcome.

This is a case of Jack, a smart and intelligent young man who came to the US on a student visa for mechanical engineering. During last year’s winter break, he came to New York to visit his cousins. One night, while they were driving home from the movies, a drunk driver hit their car which caused them to veer towards the other side of the highway. His cousin only had minor concussions while Jack was thrown out of the window suffering multiple injuries in the head, ribs, and pelvis. He was airlifted to the hospital, underwent multiple surgeries and was placed in medically-induced coma. Except for his cousins, he has no other family in the US.

Both his parents who are residing in Asia, have become so distraught about Jack’s situation. However, much as they would like to come to the US immediately, they cannot do so because they do not have a visa. Also, they do not have the financial means to pay for the expenses required for such an urgent international trip. But the clock was ticking. Jack’s condition was slowly deteriorating. His doctors want his family to make decisions regarding his care.

And so his parents had no choice but to travel here to the US. They hurriedly applied for a passport while we started the paperwork for their tourist visa application. We had a family member execute an undertaking in writing of her financial support to the parents for all their travel, food and lodging expenses. Another cousin pledged to pay for their airfare. We obtained a signed letter from the hospital stating Jack’s present medical condition. We had friends and family members writing in support of the parents’ travel to the US. After having filed the tourist visa application, we were hit with a huge roadblock. The next available interview appointment was May 2024! That’s more than one year away. Good thing there is a way for situations like this. We applied for an expedited appointment and their interview date was rebooked to first week of February 2023.

A couple of days before their interview, I had a teleconference with them. Since they don’t speak English, we had one family member who grew up here in the US, translated my instructions to them such as the possible questions going to be asked and the answers they need to respond, what comportment they should display, etc. After the meeting, I was confident that they will not be denied as I felt everyone did everything we could to prepare a very convincing application.

The following morning, I received a text that the consular officer granted them a multiple-entry tourist visa. They will finally be able to sit by their son’s hospital bedside by Valentine’s Day.

Three quick lessons here:

1.) Do not be discouraged by the obstacles along the way. Keep on trying to exhaust other solutions until you are able to find one.

2.) Be very prepared. Nothing substitutes hard work, perseverance and grit during difficult situations.

3.) Pray. I half-jokingly told my clients before we ended our conference call that we will not be denied because I have my Christ and they have their Allah. We have two gods behind us, what could go wrong?

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