Legal Question in Immigration Law in New Jersey

Query about eligibility for green card or citizenship on basis of health vulnera

I am a 25 year old male from India. i am currently working as a software engineer contractor. Last year (10/31/2002)under unfortunate circumstances, i had to undergo an emergent liver Transplant. Prior to coming to united states from India for work , i had cleared all sorts of Medical screening and was certified clear for Travel to USA. However withing 3 months in United states i developed this condition and till date Doctors are unable to certify the actual cause of the disease.

Also as per the surgeons, in view of the prevailing lack of proper medical facilities in India for such a treatment and the severe complexity of my case, they have adviced me to remain in US as long as possible.

My current Visa gets expired by 2005 March, i would like to know if i am eligible to apply for a Green card or a Permanent citizen ship based on my Medical vulnerability. My organization does not process either a Green card or a Citizen ship and i am currently on a L1-B visa.

Kindly let me know my rights for appliying for some sort of Long staying permit in United states.


Asked on 10/27/03, 2:36 pm

3 Answers from Attorneys

Deborah Frankel Deborah Frankel

Re: Query about eligibility for green card or citizenship on basis of health vul

There are no immigration benefits because of your medical condition. You may be eligible for employment related immigration benefits.

Please contact me or my colleague, Allen Kaye, and send us your resume.

Deborah Frankel, Advocate

6 Mapu Street

Jerusalem 94189, ISRAEL

011-972-2-624-9807, 011-972-53-916-892 (mobile)

http://www.3dsight.com/law-office/

Allen E. Kaye, Esq.

Law Offices of Allen E. Kaye, P.C.

111 Broadway, 13th Floor

New York, New York 10006

Phone: 212-964-5858 Fax: 212-608-3734

Cell Phone: 917-699-7159

Email: [email protected]

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Answered on 10/28/03, 9:17 am
Linda Allen Law Offices of LInda M Allen

Re: Query about eligibility for green card or citizenship on basis of health vul

Thank you for your inquiry. In my opinion, your best bet is to extend your L-1B (maximum stay is 5 years). Your employer may agree to sponsor you for a green card, although they may not pay the fees. It will take some time to get through the green card process as you will need to file a labor certification, an I-140 and I-485.

Please feel free to call me directly at 619.233.0900 if I may be of further assistance.

Sincerely,

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Answered on 10/27/03, 4:20 pm
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: Query about eligibility for green card or citizenship on basis of health vul

March 2005 is a long way to go, however, I think you are smart to look into the issue now. Of course, knowing if your current employer will agree to an extension of your L-1 would be helpful. Also, please keep in mind that certain multinational managers/executives are considered priority workers and can file I-140 (petition for immigrant worker) without labor certification, which is a long and tedious process.

Or perhaps a different employer will sponsor you for h-1B.

So, it is conceivable that if you file now with an employer-sponsor you would get some results by Spring 2005, depending on type of filing.

Outside of employment-based visa, I doubt you will fit in any visa category because of your illness but for very short-term admissions for emergency treatment (B-1/B-2 like).

Also, in my experience, sometimes it is appropriate to take a more holistic approach to a case, and this sounds one of them. Maybe an hour or so of consultation with the immigration attorney of your choice will help in developing a better understanding of your situation and exploring more in depth your options. Just make sure the attorney is qualified and has time to look into the matter for you.

Hope this answers your question.

Regards,

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Answered on 10/27/03, 4:57 pm


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