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Major surgery may force student visa overstay

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Filed: Citizen (pnd) Country: Ukraine
Timeline

My sister-in-law has just begun her 60-day grace period (after finishing her 1-year optional practicum).

She just had surgery today, and has been told she will probably recover fast enough to leave in time. But she might not.

I thought I should tackle this problem as fast as possible. Should she apply for a medical (visitor) visa? She's already in the US, obviously, so this route doesn't make much sense to me.

I'm thinking she just needs to call USCIS and try to explain the situation? It's so hard to get thru, and they usually don't seem to have the power to help or even give advice (in my experience).

Thanks for any thoughts or advice,

Michael

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Filed: Citizen (apr) Country: Canada
Timeline

Was her I-94 stamped D/S when she entered on her student visa?

Good luck.

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Probably will need a I-539 to extend her authorized stay in the US.

Even if you have the D/S - you would probably be better served in getting it "ok" to stay in the US.

Read more here.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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