Asked on Sep 23rd, 2013 on Immigration - Tennessee
More details to this question:
I am currently living Nashville TN. I recently blessed with baby girl on 8 th of this month.My daughter is US Citizen and she has Genetic disorder. Only in USA this Genetic disorder can be treated. In India we don't have any hospital which is providing service for this disorder.for this disorder Doctors monitoring and help need continuously. As of now I am on H1B and My wife & boy is on H4 visa. Am I eligible to stay here for my baby treatment with humanitarian parole or any other options, can I adjust my status (GC) to stay long time.
U.S.C.I.S. will generally not allow an individual in your situation to remain here for a long time on humanitarian parole. If the agency decides to give you relief, it would probably place you on deferred departure under which you would not have a valid nonimmigrant status, but be allowed to stay with work privileges if you make such a request. Deferred departure would not allow you to adjust status in the US to permanent residence. However, if the agency allows you to stay for a long period of time, you may be able to qualify for cancellation of removal under which you would have to prove 10 years residence in the country, good moral character, and that your removal would cause exceptional and extremely unusual hardship to your US citizen daughter.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
You will be able to extend your non-immigrant status for humanitarian reasons, but you won't be able to get a green card until your daughter is old enough to petition for you herself (age 21).
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