How can I extend my stay as a Visa Waiver?
Q.My wife and I were visiting the United States as tourists (visa waiver) when my wife gave birth to a premature baby girl. The baby is still in the hospital and might need follow-up care for a long time. We prefer to receive this treatment in the United States since it would not be good to have our baby go on an airplane. How can we stay here? Can we work?
A. Your visit to the United States under the visa waiver program is limited to 90 days, unless you can convince the INS downtown to extend your stay by up to 30 days in emergency situations.
You should discuss the possibility of applying for a B-2 visa in Mexico or Canada with an US Immigration attorney. You could also apply for a B-2 visa at the US Embassy in Japan. Write a short letter explaining your situation. Include a copy of your baby's US birth certificate. Get a letter from your baby's doctor explaining her current condition and a recommendation that the baby not travel. Also include proof that your wife paid for her hospital visit with private insurance or cash. If your baby has health insurance that is covering the cost of treatment, also include this evidence. In addition, include proof that you have adequate funds to remain in the US without working. A B-2 visa does not permit employment. Finally, if you have employment in Japan obtain a letter from your employer indicating that you have been given a long-term leave of absence and that the company looks forward to your return. Have this letter indicate your salary, job title, and length of employment.
US temporary working visa options (brief descriptions):
US green card options: