Traveling on a B-2 tourist visa, injured my knee, had surgery, need EOS

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Biackki

New Member
I entered the US on the 1st of October 2010. My B-2 tourist visa is valid till August 9, 2011 and the I-94 was stamped for 6 months and it is valid until the end of March 2011.I traveled around CA and saw my old college friends for 2.5 months before injuring my knee (skiing). I tore the ACL and meniscus on December 15th and finally had surgery on the 31st of January 2011. The recovery will take about 4 months.

I would like to stay with the same doctor/surgeon who operated the knee during the recovery process. I will also go to intensive physical therapy for 4 months and would like to stay with the same therapist through the recovery.

B-2 visa is for travel/leisure but also for medical treatment. That being said, I should still be fine on my current B-2 and I wouldn't need to try to change my status or anything like that, right? What do you guys think, is that a good enough reason to get the EOS approved? Should I just file the I-539 in the beginning of March and hope it will be approved?

I will ask for documentation from the surgical center and the surgeon, stating that the recovery time will be over 4 months. I believe that would support my application pretty well.

Any opinion would be highly appreciated.
 
You have a legitimate and valid reason to seek extension of your stay. Don't delay, file I-539 immediately with supporting documents from your doctor. Also include proof of your ability to pay for the treatment.
 
The form instructions suggest that you file at least 45 days in advance of expiration. You have even more advance notice than that already, do not delay as it will look like a delaying tactic of an unsincere request.
 
Alright, thank you so much for your rapid responses and opinions.

I started filling out the I-539 form. I was still wondering if the USCIS would want me to leave right away when the physical therapy is over and I am fully recovered or if I could still continue travelling in the US a little bit longer since I am able to walk and do stuff again. I was supposed to travel around but after the injury haven't been able to walk almost at all. If the recovery process goes as expected, I should be good around early-mid May. What do you think, does it make my application look worse if I apply the extension, for example, until the end of June? Or should I just apply for another 6 months?
 
Biackki said:
Alright, thank you so much for your rapid responses and opinions.

I started filling out the I-539 form. I was still wondering if the USCIS would want me to leave right away when the physical therapy is over and I am fully recovered or if I could still continue travelling in the US a little bit longer since I am able to walk and do stuff again. I was supposed to travel around but after the injury haven't been able to walk almost at all. If the recovery process goes as expected, I should be good around early-mid May. What do you think, does it make my application look worse if I apply the extension, for example, until the end of June? Or should I just apply for another 6 months?
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You are allowed to stay until the date on your I-94. It is highly unlikely that USCIS will advance that date. Once I-539 is filed and you get a receipt notice you are deemed to be in status while USCIS works on your application, even if it goes beyond your I-94 date. Explain that you need to spend a few extra weeks to do things you were unable to do because of the injury.
Most likely USCIS will grant your request for extension up to 6 months.
 
Hi, thanks again. I got the documents from the doctors and should now have all the paperwork ready for my I-539. I will try to get the EOS filed by the end of this week. I'll keep you posted how everything works out.
 
Best of luck. You have a genuine justifaction for applying for EOS. Most of the applications seen on this forum are based on flimsy justifcations like, cousin's wedding, granddaughter's birthday, need more time to visit a few more states, etc. The key to remember is this. Anything that could have been addressed with a better timed initial entry is not a reason to seek EOS. An accident/injurt like yours is surely justified.

Biackki said:
I'll keep you posted how everything works out.
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