Tourist visa needs to be renewed but he is receiving chemo and can't get out of hospital?

Question

my good friend is getting treatment for a brain tumor in the US. His American Visa was for 10 years so he did not renew it before starting chemo. Now, he is in for the worst, and has pneumonia and other ailments caused by the treatment that prevent him from boarding a plane and going back to his country to renew it. Is there a way to renew a visa via consulate?

He is paying for his treatment by his own means and has bought a house to live in, so he is not living of the government in any way.

Answer 1

His status in the US has nothing to do with his original visa. Has he ever extended it through USCIS while getting his medical treatment? If he never has, then there won't be any way to extend it legally now. Under most circumstances, he would have been illegal after 6 months if he never asked for an extenstion. Plus, it wouldn't do him any good to get on an airplane and try to renew his visa back home. Doesn't really sound like his immigration status is his real problem at this point anyway.  I'm not sure it matters all that much at the moment.

Answer 2

George has it right.  But I don't see enough info.

Remember, a visa is permission to apply for admission. A ten-year visa doesn't mean you can *stay* in the USA for ten years, it means you have ten years to *apply* for admission.

When your friend got here, he received an I-94. (As a tourist, I suspect he got the standard six months.)  If he's been here beyond that period of time, he's now out of status.

CIS (aka INS) will listen to compelling reasons- medical treatment seems like a good one.

I'm not sure I follow his medical condition- He got a brain tumor, got some chemo for it. Now he's got pneumonia (treatable with antibiotics) and other ailments. During all this, he bought a house.

Normally I'd give people the benefit of the doubt, but it seems your friend has a compelling reason to stay here, apart from his medical condition. CIS has heard all the situations.

Your friend will have to go to the local CIS and ask for an extension. If he's got the money for a house, he might also be able to afford an immigration attorney who can help him more than anyone here.  ...   Good luck!

Answer 3

Contact the local immigration authority. This is a special case and will be handled different.