Any compassion based visa to stay in the US?

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true_northNew Member
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Joined: 16 Jan 2012

Any compassion based visa to stay in the US?

Post Mon Jan 16, 2012 10:53 pm

I am a TD visa holder and my husband who works here on TN status has filed for a divorce (he is planning to marry a US citizen). Once I lose the TD status, I will have to leave the US immediately. My main concern is, I have a US born child who is enrolled in special education preschool due to a medical diagnosis. Since I will become the custodial parent of my child, I am very worried that if I am forced to leave the US due to loss or change of my visa status, I will not be able to take care of my special need US citizen child.

1. Is there any compassion based visa that I may apply for the sake of caring for my special need child?
2. If I must re-enter the US as a visitor, is it a bad idea to let the border officials know that I have a child still enrolled in a school in the US? Would they deny my entry based on this tie? I hope to let my child continue with the special education here if at all possible, because this is what she desperately needs!

Any advise would be much appreciated!
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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: Any compassion based visa to stay in the US?

Post Tue Jan 17, 2012 8:12 am

Wow :( Not a situation anybody should be in.

However, you will have to leave the U.S. once your divorce is finalized based on fact that you will be no longer married to the person holding the TN status. You will have that "mythical" 10 day grace period to organize your belongings and move back to Canada.

There is no waiver as far as I know of special needs circumstances so in your case, your best bet would be to have the child stay with a trusted friend or family member while you possibly seek a work visa or TN status of your own.

I believe you can change status to a visitor's visa which would allow you to stay in the U.S. for 6 months maximum. You would have to fill out the I-539 form...To my knowledge. At least while you are on visitor's status, you can use the 6 months to possibly seek employment barring you have the credentials and change status accordingly...
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