Visa overstay medical reason

[nramsay]

My nephew who is 17 came to the US from Jamiaca for medical treatment ( osteosarcoma ) through a charity . He overstayed pass his I-94 date because his treatment was 1 year . He is ready to go home but we are afraid that he will not be able to renter the USA for his follow up scans and his leg was amputated and Shriners hospital is helping him with his prosthesis . I applied for extension I-539 in March (7 months after the I-94 date ) his visa was the last thing on our mind . It is taking a while to get an answer and I'm really worried about his status here . Does anyone have any suggestions on what I could do to make sure that his visa is not cancelled ?

[NettieL]

If I were you, I would ask Shriners Hospital if they have a lawyer who can assist you with this.

They would also be able to provide you with documentation to show proof of his medical treatment, which will show proof of the reason for overstay and reason to return to the US.

[inadmissible]

I would expect his application for extension of visa status to be denied because he was out of status when making the application

When he departs the United States, he will trigger the statutory grounds of inadmissibility of an alien who has been unlawfully for more than 6 or 12 months. The consequences of a 6mo overstay is a 3yr bar to re-entry, for a 12mo overstay it is a 10yr bar to re-entry

A waiver is available for non-immigrants who are subject to this bar.

[newacct]

When he departs the United States, he will trigger the statutory grounds of inadmissibility of an alien who has been unlawfully for more than 6 or 12 months. The consequences of a 6mo overstay is a 3yr bar to re-entry, for a 12mo overstay it is a 10yr bar to re-entry

A waiver is available for non-immigrants who are subject to this bar.

One does not accrue "unlawful presence" for the purposes of the 9B ban while under 18, so as long as he left before age 18.5, he won't trigger a 9B ban. it's unclear from the description the exact ages involved.

However, even if there were no ban it does not mean he will get a visa. With such a history of long overstay, I would expect there to be a good chance of denial of visa or denial of entry. And he will have to apply for a new visa, because, even if his previous visa is unexpired, it is now void due to INA 222(g) since he stayed past his I-94 date.

[inadmissible]

One does not accrue "unlawful presence" for the purposes of the 9B ban while under 18, so as long as he left before age 18.5, he won't trigger a 9B ban. it's unclear from the description the exact ages involved.

Thanks for pointing that out!

[nramsay]

Thanks everyone . Wouldn't he qualify for extraordinary circumstances ?

[nramsay]

If I were you, I would ask Shriners Hospital if they have a lawyer who can assist you with this.

They would also be able to provide you with documentation to show proof of his medical treatment, which will show proof of the reason for overstay and reason to return to the US.

With a lawyers assistance we submitted all his treatment records . His upcoming appoints and all evidence of his treatment . His visa was the last thing on my mind . He had chemo therapy for 9 months an amputation and rehabilitation . It's not his fault it's mine there must be a way to fix this . He had no assistance in Jamaica and I'm not sure how he will survive there .

[nramsay]

Thanks for pointing that out!

He will be 18 in November

[Ada01]

hi, how did you get this resolved. thank u