Procedure for Tourist w/ B2 Visa to Apply for Green Card- SPECIAL CASE

[mypatienceisover]

My parents are currently in the US on a B2 visa. They now want to permanently stay in the US because my mom was surprisingly diagnosed with chronic kidney disease (last stage). The doctor suggested that she do not return to Africa because she now needs dialysis to survive. The hospital helped her for the procedure to have Medicaid, so she can be on dialysis for free.

Since she has to stay in the US, is there any way she can adjust her status to have a green card without a sponsor?
The issue about being sponsored is that the sponsor will have to repay the cost of benefits she’ll be receiving her whole life.

[Libra_14]

No, she can't get green card without a sponsor (family based or employment based).

[angelica]

My parents are currently in the US on a B2 visa. They now want to permanently stay in the US because my mom was surprisingly diagnosed with chronic kidney disease (last stage). The doctor suggested that she do not return to Africa because she now needs dialysis to survive. The hospital helped her for the procedure to have Medicaid, so she can be on dialysis for free.

Since she has to stay in the US, is there any way she can adjust her status to have a green card without a sponsor?
The issue about being sponsored is that the sponsor will have to repay the cost of benefits she’ll be receiving her whole life.

What do you mean by "a sponsor"? If you mean petitioner, she needs to be petitioned by a relative for family-based immigration, or be petitioned by an employer for employment-based immigration, etc.

If you mean someone who signs the I-864, that depends on the category. Family-based immigrants need an I-864 filed by the petitioner. Employment-based immigrants and DV immigrants generally don't need an I-864, but I'm assuming that she is not doing employment-based immigration or DV. I am assuming that you are a US citizen who is petitioning your mother to immigrate. In that case, you (the petitioner) need to sign an I-864. There is no way out of it.

The I-864 obligations only start when she becomes a permanent resident, at which point she can buy a health insurance plan from the ACA exchange if she wants.

[MaquinCarimul]

I'm sorry to hear about your mother's diagnosis. If your parents are currently in the US on a B2 visa, they may be eligible to apply for a change of status to a different visa category that would allow them to stay in the US longer term. However, it's important to note that adjusting status to a green card without a sponsor can be challenging.

One possible option may be to apply for a humanitarian parole, which is granted on a case-by-case basis for urgent humanitarian reasons or for significant public benefit. This could potentially allow your mother to remain in the US for medical treatment without having to worry about the restrictions of her B2 visa.

Another option may be to apply for an adjustment of status based on a medical hardship. This would require a detailed showing of the medical condition, the unavailability of suitable medical care in the home country, and the financial hardship that would be caused by the patient returning to the home country. However, it's important to note that this type of application can be difficult to succeed without a sponsor.

It may be helpful to consult with an experienced immigration attorney to discuss your options and to help you navigate the complex US immigration system. They can provide you with more detailed owespeedtest information shagle about voojio the specific requirements for each option and guide you through the application process.