nicorify

A close relative of mine is 60+ years old and a Canadian citizen. He has advanced cancer and is receiving treatment here (in California). He is in no shape to travel and is living with us (one of my parents is his sibling). His tourist visa expired at the end of December and he was too sick to even think about renewing it. I just learned about the situation.

What is the best way to proceed here? We want him to be able to stay indefinitely (as long as treatment is needed). How should we deal with the lapsed visa? He was on a B-2. Any advice will really be appreciated!

Orangepants

File an I-539 and provide the reason along with proof, for an extension of his visa. Sorry to hear that he and you are in this position.

Pulaski

He's obviously in a legal pickle. I think the only sensible way forward is to speak to a local immigration attorney - one who could visit him in person if necessary.

nicorify

Thank you both for the response & sympathies! He has a letter from his Oncologist (extremely reputed hospital) that says he needs to stay here indefinitely. The condition is quite serious. I am looking at an I-539 now. What should I put down for 2b. "The change of status I am requesting is:"? This has a long list of categories but nothing that is obviously for Medical Care. Should he just apply to extend his B-2? I see a couple of categories called CH (Parolee: Humanitarian-HQ Auth) and IN (Indefinite Parole).

Thank you so much!

Noorah101

Yes, for now just extend his B2 visitor status. Speak to an immigration lawyer about any paths available toward staying indefinitely. ..that would have to involve him having a basis for becoming a US Permanent Resident.

Rene

Orangepants

He is applying to extend in the status he already has - so No1. only. This form is also used for people to move from one status to another. My husband used it to move from H-1B to B-2 a while ago.
Once it is submitted it may take a while to process but our lawyer said he was Okay (whatever that means!) once it had been submitted. He requested 6 months. It took 4 months to approve. We did the application and the letter ourselves. A consultation with an attorney would be a good idea for best way to request an indefinite stay. Good luck.

Rete

He will be in status as long as the request for extension is pending.

nicorify

Thank you all so much for your help, Orangepants, Noorah, Rete & Pulaski! I am filling out the form to file to extend his B2 now!

Noorah101

I thought Canadians didn't need a visa to visit the USA, though. How did he end up with a B2 visa?

Rene

nicorify

Good question and I wonder why I didn't think of it myself until you asked. So I just asked him now. He said that they asked him why he was visiting when he last flew in and then stamped his passport with the B2. He does not know why and didn't ask them.

scrubbedexpat099

So his status expired in December?

He can not extend status if he is not in status.

Does he have anyone to petition for him, just wondering how he is affording the treatment?

penguinsix

Your friend is out of status which opens up a new can of worms. There are exceptions but generally it's like "I was in a coma for a week" not "I was too busy for three months".

I would seriously recommend a professional in this situation. I don't think it is DIY since they are out of status and you are basically pleading for a special exception.

cautiousjon

Also, I would want to be sure that he has some way to pay his medical bills while in the USA, otherwise his care could get cut short, leaving him in an even worse position. I'd imagine that any travel insurance that he had (if any) has since lapsed or run out.

scrubbedexpat099

Would not cover this and to the extent he was in an emergent situation the focus on would have been getting him home.

Costs mus be six figures by now. Wonder who is paying?

scrubbedexpat091

Maybe he is? Its not unheard of for wealthier Canadians to seek treatment in the US and self pay even for pricey treatments.