Parents are visiting on B2 visa. Dad unfortunately suffered a stroke and is currently in a coma. 6-month duration is coming up. But he cannot sign the I-539 extension form. Already have relevant letter from the hospital. How should I go about it?
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From the link in Midavalo's comment, acceptable signatures include:
Signature by the benefit requestor’s legal guardian, surrogate, or person with a valid durable power of attorney or a similar legally binding document.
If you do not already have power of attorney for your father (see user102008's comment), it sounds like you would need to have a court grant guardianship. You would need to do this in the court system of the state in which your father is hospitalized. Here, for example, are a couple of relevant pages from Massachusetts:
- https://www.mass.gov/info-details/find-out-if-you-can-become-a-legal-guardian-of-an-incapacitated-person
- https://www.mass.gov/how-to/file-for-guardianship-of-an-incapacitated-person
As littleadv suggests, it is probably a good idea to consult an immigration lawyer, both to reduce the likelihood of your making mistakes in the extension application and because the lawyer's familiarity with the judicial system will probably make the application for guardianship go more smoothly.
phoog
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