By: Angelita Chavez-Halaka, Armando Escobedo, Gladys Gervacio, and Jacqueline Valle

summary

The Department of Homeland Security (DHS) has provided guidance for nonimmigrants who have to unexpectedly remain in the US beyond their authorized period of stay as a result of the coronavirus pandemic.

what should nonimmigrants do if they cannot depart the us due to travel restrictions?

• Timely file for an Extension of Stay (EOS) or Change of Status (COS)
• • Nonimmigrants are in a period of authorized stay while a non-frivolous EOS/COS application is pending
  • In certain cases, employment authorization with the same employer is extended for up to 240 days after I-94 expiration

• USCIS may exercise flexibility on late applications due to extraordinary circumstances
  • USCIS may excuse a late application or petition due to extraordinary circumstances such as those caused by the coronavirus pandemic
  • The petitioner or applicant must provide credible evidence to support the delay in filing
  • USCIS will evaluate these exceptions on a case-by-case basis

• USCIS may grant satisfactory departure for Visa Waiver Program (VWP) entrants
  • VWP entrants should call the USCIS Contact Center at 1-800-375-5283 to request a satisfactory departure for up to 30 days

Contact us

To learn more about filing petitions and applications with USCIS during the coronavirus pandemic, please email us at info@chugh.com. We recommend sharing this alert with interested parties.