Medical "emergency" for Canadian visitor
Mar 20th 2016, 5:07 am
#16
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Re: Medical "emergency" for Canadian visitor
Possible, but unlikely given what has been said.
Mar 20th 2016, 1:11 pm
#17
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Re: Medical "emergency" for Canadian visitor
Canadians are special snowflakes when it comes to the US immigration system. It may be worth reposting your question in the Canada section of the forum.
Mar 20th 2016, 1:50 pm
#18
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Re: Medical "emergency" for Canadian visitor
In this case he has B2 status.
Mar 20th 2016, 1:50 pm
#19
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Re: Medical "emergency" for Canadian visitor
Or had.
Mar 23rd 2016, 3:34 am
#20
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Re: Medical "emergency" for Canadian visitor
Canadians are/can be issued a b2 visa if visiting the states for medical treatment.
OP's relative's problem is that he is now out of status
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OP's relative's problem is that he is now out of status
.
Mar 23rd 2016, 3:49 am
#21
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Re: Medical "emergency" for Canadian visitor
Mar 24th 2016, 12:17 am
#22
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Re: Medical "emergency" for Canadian visitor
Did he get an I-94? That's basically what it boils down to, have a look on the electronic I-94 website. Canadian visitors generally don't get I-94s.
The relevant regulation is 8 CFR 214.2(b)(2):
(b) Visitors—(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each, provided that such work does not involve the selling of articles or the solicitation or acceptance of donations. Those B-1 and B-2 visitors admitted pursuant to the waiver provided at § 212.1(e) of this chapter may be admitted to and stay on Guam for period not to exceed fifteen days and are not eligible for extensions of stay.
(2) Minimum six month admissions. Any B-2 visitor who is found otherwise admissible and is issued a Form I-94 (see § 1.4), will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid as specified in section 212(a)(26) of the Act. Exceptions to the minimum six month admission may be made only in individual cases upon the specific approval of the district director for good cause.
(2) Minimum six month admissions. Any B-2 visitor who is found otherwise admissible and is issued a Form I-94 (see § 1.4), will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid as specified in section 212(a)(26) of the Act. Exceptions to the minimum six month admission may be made only in individual cases upon the specific approval of the district director for good cause.
8 CFR 235.1(h)(i) and 8 CFR 212.1(a) also makes it clear Canadian visitors are exempt from being issued an I-94.
I-539 isn't terribly clear but you'll see from reading it that they assume you have an I-94 - that's because if you don't have one, there is no need to apply for an extension. Assuming the dopey CBP inspector followed the regulations correctly when he entered. Where you've got a slight problem is if he actually stamped the passport with a date he has to leave by, that is technically also a point where he has to leave by.
If you actually roll up to a POE and say you're coming in for medical treatment and it will take up to a year, that's a perfectly valid reason to be allowed in.
Last time I entered the US, I got sent to secondary inspection and the inspector actually said to me he was thinking about issuing me an I-94, they sometimes do in order to make sure you leave, but in the end he looked through my entry record and decided not to.
Also bear in mind after six months in the US, he will need to file a Form 8843 with the IRS the following year. It has to be countersigned by the physician.
Last edited by Steve_; Mar 24th 2016 at 12:26 am.
Mar 24th 2016, 12:22 am
#23
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Re: Medical "emergency" for Canadian visitor
The thing to do is to check on the electronic I-94 website and see if he was ever issued one.
