QUESTION

Can I apply for refugee visa or any other similar type of visas due to a health concern?

Asked on Aug 06th, 2012 on Immigration - California
More details to this question:
I'm originally from China and I'm currently a student in Boston on F1 visa. Last year, I had an open heart surgery in Brigham and Woman's Hospital in Boston. Earlier this year, I had my gene tested and the result showed that I have a certain type of symptom which will endlessly create aneurysm all over my body. Right now, the MRI confirmed I have three mild aneurysmal dilatation. I am taking one special medicine everyday now to control it. However, this type of pill is not available in China. In addition, when I went back to China, the best doctors in Shanghai, probably also in the whole country never heard of my symptom. Is it possible for me to apply for a refugee or other types of visa to stay in US?
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4 ANSWERS

Rebecca T White
You may be able to secure a visitor visa or humanitarian parole, but you would need to be able to show an ability to finance your medical expenses.
Answered on Aug 23rd, 2012 at 1:58 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Hello: If you were to be deported, you could apply for Prosecutorial Discretion. However, since you are on valid F-1, I would apply for an H-1B work permit. *H-1B Specialty Occupation Visa* You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to your degree. Our firm can do the entire petition. Once we begin processing and get it filed, it normally takes about six to nine months to get the approval. Please note that H-1B's are very limited and are only available for small periods of time during the year. Therefore, Premium Processing discussed next should be used. If you want a work permit in an expedited manner, you can take advantage of the Premium Processing program at USCIS. This will allow you to have the expedited answer in less than one month. You will need to add $1,500.00 to the cost below for Premium Processing. There are only a limited number of H-1B's and it must be filed by April 1. However, it is still possible it will not get selected for this years allotment. Attorney Fees (Filing Fees and Costs not included) The total Attorney Fees will be $2,500.00. *Down Payment* Normally we take 50% down and then the balance can be paid monthly until paid in full. We accept all forms of payment included debit and credit cards, Western Union and Money Gram.
Answered on Aug 23rd, 2012 at 1:56 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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Humanitarian parole is probably the best option but will need to be renewed annually and you will need to show you can pay the medical bills if treated here. I am glad one of the doctors here was able to figure out your problem and treat it.
Answered on Aug 23rd, 2012 at 1:55 PM

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Unfortunately, I don't believe you can apply for refugee status based solely on a medical condition. If you need to have medical treatment in the US, you can always apply for a visa to seek medical treatment here from the US consulate.
Answered on Aug 23rd, 2012 at 1:55 PM

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