Importance of Following the Rules
The travel restrictions of government in different countries and cancellation of many flights by airlines have disrupted the travel plans of many foreign visitors, students and workers in the US. Closure of business offices and schools has also made it difficult for international students and H-1B workers to study and work according to the regulations. Despite these changes and disruptions, it is very important for them to try to follow the rules of their visa programs as much as possible. Generally speaking, one should assume that the rules still apply unless there is a specific exemption announced by DHS.
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Some Rules are Relaxed
USCIS has announced some policy changes in light of COVID-19. For example, they have extended the period to respond to Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) issued between between March 1, 2020 and May 1, 2020. Regarding in-person appointments, USCIS initially excused applicants' absences if they were sick. Now all routine in-person services and appointments are cancelled until at least May 3rd.
USCIS has also announced that receipt of public benefits for necessary medical treatment, testing, and prevention against COVID-19 will not count against applicants in immigration petitions including green card applications.
AILA has filed a lawsuit requesting DHS and USCIS to toll the deadlines of all immigration-related applications including requests to extend and change status, and to extend the all EADs until the pandemic is over. However, unless and until a court decision is made, the existing rules still apply.
USCIS has also announced that receipt of public benefits for necessary medical treatment, testing, and prevention against COVID-19 will not count against applicants in immigration petitions including green card applications.
AILA has filed a lawsuit requesting DHS and USCIS to toll the deadlines of all immigration-related applications including requests to extend and change status, and to extend the all EADs until the pandemic is over. However, unless and until a court decision is made, the existing rules still apply.
What if I cannot Follow the Rule?
There are situations in which a person cannot follow the rules even if they try hard. Like my client, some visitors or students may not be able to leave the US before their visa status expires because of travel restrictions. Inbound restrictions are equally problematic. For instance, China has effectively banned most of the outbound flights to other countries since early March, making it almost impossible to travel to the US. Another client, a lawful permanent resident of the US, is stuck in China when his green card is expiring soon.
These individuals should document everything regarding these events and circumstances that are beyond their control. For example, they should keep their flight itineraries, booking confirmation, cancellation notices by airlines, travel restrictions imposed by governments, etc. For foreign students, they should keep their school DSO updated of any changes or issues regarding their status in writing. Notices regarding conversion to online classes (for F-1 student) or teleworking (H-1B workers) should also be kept.
In the future, these documents can be used to explain their failure to follow the normal requirements of their visa program. For example, if an F-1 student failed to leave the US before his 60-day grace period after completion of his academic program, he could be denied another visa in the future. If so, he can provide documents regarding his attempts to book flights or cancellation of flights by airlines as proof that his violation was not intentional.
Beware of the Rumors
Finally, because the US government policies change on a daily basis, it is very important for foreign nationals to obtain correct and updated information. After the outbreak of the pandemic, there are many rumors circulating in the internet; many scammers are also taking this opportunity to use fear and misinformation to trick the public especially the immigrant communities. Hence, one should be very careful in discerning information. When in doubt, one should contact a licensed and experienced immigration attorney for advice and guidance.
These individuals should document everything regarding these events and circumstances that are beyond their control. For example, they should keep their flight itineraries, booking confirmation, cancellation notices by airlines, travel restrictions imposed by governments, etc. For foreign students, they should keep their school DSO updated of any changes or issues regarding their status in writing. Notices regarding conversion to online classes (for F-1 student) or teleworking (H-1B workers) should also be kept.
In the future, these documents can be used to explain their failure to follow the normal requirements of their visa program. For example, if an F-1 student failed to leave the US before his 60-day grace period after completion of his academic program, he could be denied another visa in the future. If so, he can provide documents regarding his attempts to book flights or cancellation of flights by airlines as proof that his violation was not intentional.
Beware of the Rumors
Finally, because the US government policies change on a daily basis, it is very important for foreign nationals to obtain correct and updated information. After the outbreak of the pandemic, there are many rumors circulating in the internet; many scammers are also taking this opportunity to use fear and misinformation to trick the public especially the immigrant communities. Hence, one should be very careful in discerning information. When in doubt, one should contact a licensed and experienced immigration attorney for advice and guidance.
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