Extending b2 due to medical reasons

[icewarrior]

I got laid off in Feb 2009. I returned to Canada a week later as required but needed some time to straighten my US affairs. The US immigration officer gave me a B2 to end of May. However I recently found that I have a serious medical condition (I still have US medical coverage thru my old company) that will require surgery and chemo. Can I try to get an extension on medical grounds (I539)? Or take my chances in Canada?

Julia

[Reba]

You're probably better off to go home actually. Current processing times for extension of stay is 3 months. Your B2 status will expire before then.

Call your doctor in Canada NOW and get them to refer you to the necessary surgeon and/or oncologist. Have your US doctor forward your file and scans to a doctor in Canada.

Unless you can manage to get scheduled for surgery in the US before your B2 expires, then have chemo back home in Canada.

I'm sorry for your predicament, I'm sure it's a frightening position to be in. But if it were me, I'd rather be in Canada closer to family and friends. You'll need the support.

[Steven]

Well you can enter the US to receive medical care, I-539 costs $320 to file so it may be faster just to leave and re-enter, and when you enter have proof of the medical condition and that you're being treated in the US for it. Receiving medical treatment is a valid stated reason in the regs for B-2 status. If you then stay long enough you can renew status on I-539.