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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28080
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My sister is 72 years,She is visiting but fall ill ,what can

Customer Question

my sister is 72 years,She is visiting but fall ill ,what can I do to legally keep her so as to care for her.
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Judith replied 7 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I am sorry your sister has fallen ill.

You can file an application for stay based on her having entered the US on a B1/B2 visa using form I-539.

She will be given an additional 6 months for medical treatment. You need to include with the form and filing fee the followng

Letter from her treating physician which includes a diagnosis, prognosis and statement she should not travel at this time and the approximate recovery period for her to travel safely; it should ot be longer than 6 months.

Copy of her return airline ticket;

Evidence of her financial ability to pay for her continued medical treatment without going on public assistance. If she does not have the funds you can provide an Affidavit of Support.

You cannot file a petition for her to immigrate and have her stay here. It will take at least 12 years for a visa number to become available for her as the sibling of a US citizen and she may not stay in the US while waiting.

If you need to extend her stay beyond this additional 6 months you request,, you can file another request for medical extension for one more period of 6 months. Again you will need to show medical necessity and inability to travel.

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