Legal Question in Immigration Law in Kentucky

Imigration

Ok here is a question.I know one of my friend who has became out of status due to mental illness.His doctor sent letter stating his inability to attend school, but for some reason school tell that it have no idea. School official frequently acknowleged that they never received any letter.He came the US on F1 VISA but we have no idea what we going to do next. His mental illness intefere his day to day activities and his doctor made us clear that he will not be able to attend school.


Asked on 6/26/09, 8:19 pm

2 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: Imigration

Dear Inquirer:

Your friend will be out of status when he stops attending school full time. He may seek reinstatement to F-1 status later, based on his medical disability, assuming he recovers and desires to return to school.

I recommend that you email me at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a consultation to discuss this matter further.

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Answered on 6/30/09, 9:18 pm
John Messing Messing Law Offices, PLC

Re: Imigration

Unfortunately, a student visa requires a certain minimal number of credits per semester or quarter to remain in status and illness is not a grounds for not remaining in status. For people within the US there is no general visa category for receiving medical treatment, although transfer to visitor status prior to falling out of status may theoretically be an option if no treatment is available in the home country and the applicant can establish the means to pay for the treatment in the US and return home afterwards. Otherwise, this is one of those heartbreak situations where there is nothing straightforward that can be done to obtain a visa for treatment under current law and regulations.

Whether any other visa category is possibly applicable depends in part on the country of nationality, which was not provided.

No attorney client relationship or representation is created by this exchange of postings.

Messing Law Offices website http://www.messinglawoffices.com

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Answered on 6/27/09, 4:25 pm


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