Legal Question in Immigration Law in New Jersey
Permanent residency in US for parents of ill US citizen child.
I am working in US on non-immigrant H1-B visa. My daughter was born here in US. She is suffering from a disease called ''Tuberous Sclerosis'' which causes her seizures and developmental delays. She is respoding to medical treatment and improving in school system here. We need to stay in US for her treatment and developement. These types of medical facilities and school systems are not available in my home country. My visa is expiring. How can i extend my stay and work in US? Is there any legal way?
3 Answers from Attorneys
Re: Permanent residency in US for parents of ill US citizen child.
You may be be able to stay under humanitarian conditions but this is by no means guaranteed.First of all, the lack of good school system is not a good reason standing alone.
Lack of appropriate medical facilities and the strong likelihood that a US citizen will suffer or die are grounds that could help your application.
But a lot depends on the health conditions of your child , your country and the level of medical sophistication.Are conditions such that you have to take your child to doctor every week or two times a year? If you are Mexican for example and your child requires treatment once a year that would be more difficult than someone from Congo whose child requires treatment twice a month. There are ways to make you stay but it would depend on how much care is required for your child?
Re: Permanent residency in US for parents of ill US citizen child.
There are certainly humanitarian grounds upon which you and your family should be able to remain in the United States and continue treatment for your daughter. Alternatively, I would consider your current nonimmigrant status and see if there are additional options to obtaining permanent residence for you and your family. Please feel free to contact our office and we can set up a free intial consultation to review your facts.
Sincerely,
Sameer Kumar
Re: Permanent residency in US for parents of ill US citizen child.
You would definitely qualify for a non-immigrant visa called humnatarian parole which has to be renewed every year. Then after 10 years of your stay in the US and the health condition of your US citizen daughter you will be eligible for Cancellation of Removal which can result into green card.