I was injured during a medical procedure. I want to sue my doctor for medical malpractice, but I know cases take a long time and my visa will expire soon. Can I still file? Is there a way I can stay longer? What happens to my case if I have to leave the US?
If there is a medical malpractice action, you should be able to file. You could attempt to change your status to B-2 visitor if there is a need for you to remain in the US because of your injuries. If approved, you could possibly file for extensions of that status until U.S.C.I.S. denies your extension request. If seriously injured, you could apply for deferred departure, although the Trump administration has shown disfavor for such requests. If you have to leave the US, your attorney could possibly write statements on your behalf to the American consulate or embassy to support your request for visiting visas to come to the US during the times that you are required to appear for your suit. 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.
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