http://www.childhelp.lovelypokhara.com/..

But I didn't quit understand Mr. Baniya (the Father) depression, is it because of US Embassy or becasue of lack of fund ? He wrote that he somehow managed to accumulate little over 200 Thousands but US embassy in Nepal give him a red signal for not to enter US of A. Again he is asking sponsorship for the treatment. But in later case if he managed to deposite good lump of money in his Nabil Bank Account, will not US Embassy be issuing him a VISA? I am confused. Why the world US Embassy would not give him visa if he already has:

1. Good 200 Thou dollar in a bank account.
2. Letter from (most obvious) Johns Hopkins Hospital.
3. His intimacy with Dr. Prof Andrew F. Egan.

He mustn't be lying. Then under such circumstances US Embassy need to be sued.

I have due condolence to deprive father of those kids. Certainly I will post his link at some forum, may somebody will come forward to help him. If anybody knows anything about Hospital and research institute, send him the clue.

i don't think the US embassy can be sued.under the visa regulations it is clearly stated that the embassy is under no obligation to issue visa if it doesn't find the candidate fit.also the embassy is under no obligation to answer the questions that why it didn't find the candidate fit..so it pure bad luck..sorry man..

Not only the U.S. but ever nation has right to allow or bar any foreign individuals from entering into the concerned country. Its concerned authorities makes decision to see if individual is fit to get in of not.

US embassy in nepal making lots of money through visa application. Just to apply application for visa cost us 100 and there are at lest 120 people put in an application each day.Country poor like Nepal, people have to pay that much money and not get visa that is unfair. they sould not charge application fee that who doesn't get visa.

It is so nonsense to presume that the US Embassy is making a hell lot of money out of 120 VISA applicants per day?

I suspect that amounts of money collected from is hardly adequate to support it's adminstrative costs even if we were to calculate strictly in monetary terms.

The cost of find willing staffs:
The cost of employing them:
First of all, now fewer and fewer Americans want to take govermental jobs, even fewer would want to relocate because of the job even within the US. Relocating themselves completly out of the country to distant parts of the world for so long peroid would result in even fewer candidates. Employee willing to go so far out their homeland for so long completly seperated from so many things would go only when they are well paid.

Cost of running the day to day works:
God...there is a hell of overhead cost, indirect costs....dog it's absolutely nonesense to say the embassy is making money out of mere 100$...ha ha ha

About making money from visa application, US goverment have policy to charge same or euivalent amount of money is charged to their citizens while applying for that country. That means if nepal charges X amount as a visa processing fee than US goverment also charges same X amoint of money with nepali ppl iff Nepalese gov. request to do otherway. As for Nepali govenence we all know what it is?

Pices...

you mentioned that

1 Good 200 thou dollars in bank account:
I'm confused here: Is it 200 thousand dollars US or 200 thousand Nepali Rupees ?

1* Well, however in the both cases it would be very hard to believe because, if it was 200 thousand dollars, how on earth he manage to deposit 200 thousand dollar which equivalent to 120,00,000 Rupees in cash or One corore and bis lakh cash. In this case, either he has be a Nepali billionaire if not he has to produce some fradulent papers to show this amount of cash

If it was 200 thousand Rupees. I must say it is a very inadequate amount because 200 thousand Rupees is roughly equivalent to 2700 dollars US. I tell you when I was living in Chicago in 2003, I was paying 800$ a month to just to rent a cheap apartment.

2* Was Johns Hopkins Hospital paying for the entire cost of treatment, mediacation, rehablitation theraphy and cost of living etc. if not, was any donor group or donor individual paying for the entire costs associated with the treatment, medication , theraphy and the cost of lving etc ?

3* Dr. Egan might sent a recommendation letter to you or addressed directly to the embassy about the concerned matter.His leter could have had helped a lot if two of the grounds I mentioned above were believable, strong and well established.

Netaji, did you go thru http://www.childhelp.lovelypokhara.com . well, if you are asking about Good 200 Thou dollars, i dont think somebody has to be multi-billioniar if he has to put down everything he own to collect that sum. Mr. Baniya has clearly mentioned in his statement that he liquidated all this fixed assets like land ,house, jewelry and asked from his friends and relatives to accumulate such a huge amount. I guess there aren't anykind of fraudulent in whatsoever documents he submitted! Its not just the question about rules and regulations of Embassy, it is about ethical judgement as well. Under such circumstances embassy should be forced by human rights agency or somebody should act against their irrational judgement and baisness.

Read the following column from original statement.

Surendra Baniya is suffering from brittle bone disease since the age of 10 months. In 17 years his limbs fractured 27 times. His deformity restricts walking to few feet with walker. American doctors believe, if operated before 18 years, he can spend normal life. Today, he is 17 years 3 months old. Confined to indoor life he is fighting against time and luck. He still believes someone will come forward to help him. His sister Shova who is having same disease and his father Shiva Bahadur Baniya are surprised at boy?s strong faith. Shova?s spinal cord is slightly titled on right side and vertebrae length is reduced. Her legs were fractured 13 times. They live in Pokhara Sub Metropolitan City, Ward No.15, Kantipur Marg, Nepal.

No, it all comes down to rules and regulations prescibed in the laws governing the VISA issuance, by the laws of VISA issuing country.

After all when it comes to the judgement on if any individual sould be allowed a VISA or not, the consel will not make judgement based not necessarily on "WHAT IT IS " but on "WHAT IT APPERS TO BE" based upon the available evidence she/he has. She/he does not have any obligation to go deep into the matter.

By the way , wont the consel believe that there are alternative places to go to get the equally great or almost equally great treatment of the same or similar kind in countries that are nearer and cost effective in the long run ?

Won't the consel ask herself if the family can sustain the unpredicatable or high cost of treatment and living expenses in the long run or for unpredictable amount of time ?

nah... there is no way you are gonna be able to sue an embassy..... and it applies to all the embassy, not only the US. The embassy has the right to decline anyone's visa and i dont think that any country would wanna F&ck with its diplomatic relationship with another country..... SO....NO!!l

Sand is Deep

Well definately...anyone can sue anyone including individuals, corpotrations and goverment as well. US Embassy being a part of US Department of State or the US government, anyone who has contentions against the US government can definately sue the US Embassy. However the legal battle will be fought in terms of the laws of VISA issuing country which is at this moment is immensely in favour of the VISA issuing country NOT the individual who is not a citizen of the VISA issuing country.

Host country , its laws or its govt. cant force any embassy or diplomatic mission of a foreign nation in any circumstance to grant VISA to citizens of the host country.

The legal battle will be over before it is ever fought.

well, the way i see sueing is..... you gotta win it.. i mean, you aint gonna win against the US embassy and get the VISA if the embassy denies it... so there is no point of sueing em and wasting you time....
but i might be wrong again.. but thats what i have heard....
but if you are in the US, and you wanna sue someone with somee stupid reason, there is a high chance that you will win...
check this out:
a bulgar sues a family saying that he had to spent a week or so... eating dog food and living in unhygenic condition.. coz he was trapped inside the garage and the family were on vacation and guess what, the bulgar win the case

a robber sues a bank because they pulled the alarm when they find out that he was deaf and pretended that they didnt do nothing.... he sues em for taking advantage of him being deaf.... and he wins.... even tho he was there to rob the bank.....

i love USA.... you can do whatever you want.... but again, sueing the embassy for not issuing you a visa.... coz you aint gonna win..

Netaji wrote, " After all when it comes to the judgement on if any individual sould be allowed a VISA or not, the consel will not make judgement based not necessarily on "WHAT IT IS " but on "WHAT IT APPERS TO BE" based upon the available evidence she/he has. She/he does not have any obligation to go deep into the matter."

What does it "of Mr. Baniya" appears to you? Look! evidence to consular is, what appears in the paper, they don't have to sneak inside somebody's personal life to find out what exactly is the case. In the case of Mr. Baniya, as he already mention in his statement that He had shown the evidence of $200 Thou in his bank account and all doctors reports and recommendation stating that the Diesease under any circumstances can't be treated in and out of the country except in US ( aba luxemburg ma ni treatement cha bhane ta kollai thaha, Manche le khojne nai tehi ho ni Nepal ma Hudaina bhane Bharat, CHina natra US) , and he has tangible evidence that is his son and daughter, what else they need more ? I think those evidence are good enough for him to be qualify. Atleast better than giving away Visa to Tibetean Monk without any evidence other than BALD HEAD AND DANGREE OUTFIT. My point is if consular do rational judgement even remaing within a boundry of prescribed regulation, there is no way these sort people wont get visa, who actually is in dire need. To get or not to get, its all depend on their personal baisness.

Pices

Look, it doesnt matter whatever he is or whatever he might appear to me because I'm not a US VISA consel. I went to that VISA consel's window twice, since then forever I wish I dont have go to that god daa*m window. In the first time I was badly rejected.
In my second time, VISA consel was a lady and she didnt bothered to talk to me for more than 3 minutes to get her OK. 13 days later I took off for the US.

Now why would anyone want to do anything as *ucked up as suing the US Embassy, (even if it is possible). Get a life and get genuine papers so there is no chance of getting rejected. Isn't getting a visa hard already that we further want them to impose more rules???

Peace.