A Consul’s Arbitrary Visa Denial

Would you extend a helping hand to an ill person? For sure, many — perhaps, in Greek chorus — would say, Yes. But for a heartless Consul at the US Embassy in Manila, such a humanitarian idea is far-fetched.

Before I go further with my ranting, here’s a brief background:

In August 2011, I was diagnosed with blood cancer. Since then, I’ve been in and out of the hospital for chemotherapy. My medical diagnosis is life threatening. Thus, I urgently needed a stem cell transplant before things get out of hand.

Based on a histocompatibility test, my sister has been found to be my perfect stem cell match. But there’s a problem — the transplant had to be held in abeyance because my sister can’t come to New York; the US Embassy in Manila has denied her a visa.

In December 2011, my sister applied for a visa and twice denied by a lady Consul after asking her a couple of questions. The Consul concluded that my sister didn’t qualify for a visa based on “factual determination.”

But did the Consul really make a “factual determination”? No — she didn’t. The fact that she just asked a couple of questions — one of which was “how much is your monthly salary?” — was arbitrary at best. Moreover, the Consul never read the supporting papers, particularly, the letter from my attending physician that explains my medical condition, prognosis, and the necessity and urgency of the stem cell transplant. The purpose of my sister’s travel to the United States, and its emergent reason never came to light.

True, a Consul is vested with the authority to grant or deny a visa based on his or her “factual determination.” As often said, a Consul’s decision is absolute in accordance with the so-called “doctrine of consular absolutism.”

Yes — a Consul has that absolute authority. But I think of it as an authority untempered by reason.

Soon after I received word of my sister’s visa denial, I filed a request for review of the case with the Visa Office, US Department of State in Washington, DC. But, as I’ve expected, the Visa Office denied my request saying that a visa ineligibility is a “factual determination” made by a consular officer and is not subject to review.

Now, I’m filing for my sister an application for humanitarian parole with the US Citizenship and Immigration Services. If it fails, this could be the end of the rope for me.

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2 Responses to “A Consul’s Arbitrary Visa Denial”


  1. 1 Tutz Angel Bagui January 11, 2012 at 7:25 am

    omg mandy. how heartrending. they should review the reasons on why that travel is being applied for.then determine the sincerity of the travel, then make the necessary assessment. rest assured all will turn out well. happy new year to you….

  2. 2 Nora B. Luglug January 11, 2012 at 12:54 pm

    Paging the PHILIPPINE base US EMBASSY,please do some reconsiderations..This is unfair.Why does the US of A allow a Filipino US citizen die in vain for just denying his sister’s visa to go to USA to save her brother who is in absolute need of her whatever that matches his.She had been there in USA but she came back to the Philippines and didn’t overstay.Atty. Mandy,a US citizen,has also done something for USA in one way or another…He needs immediate medical attention,PLEASE.Pres. Obama,please help…before it’s too late.


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