Options For Those Stuck in the U.S.

Is your visa expiring soon, but you are unable to leave the United States because of the pandemic? USCIS reminds foreign nationals that there are ways to remain legal if they are in this situation.  It should be noted that this is merely a pronouncement of existing provisions of the law. No new measures have been put in place. 

Extension or Change of Legal Status

The first is to apply to extend or change your current status before expiration. This option is available to most foreign nationals currently holding a nonimmigrant visa. If the application is timely and properly filed, then the applicant will not be in the country illegally while it is pending, even if the visa expires. Documentary proof must be provided to support the application to change or extend status. Where applicable, employment authorization will be automatically extended for up to 240 days after filing.  The employment must be previously approved and unchanged.  

Late Filing

If you filed your extension or change of status application too late, your application would normally be invalid. However, USCIS will excuse the late filing if you can prove that it was due to extraordinary circumstances out of your control. The COVID-19 pandemic fits this definition for many. Evidence can be submitted to USCIS, who will grant relief on a case-by-case basis.

ESTA - Visa Waiver Program

Another option is available for those that entered with visa waivers under the Visa Waiver Program. Normally, extensions are not allowed for these entrants. However, if the applicant can prove that an emergency necessitates it, a 30 day satisfactory departure period (extension) can be granted. Emergencies caused by the pandemic are included in this rule, decided under USCIS discretion. Those that already received the 30 day period but remain unable to leave the country may still receive another 30 days if USCIS evaluates it to be necessary.

Overall, foreign nationals whose travel plans are disrupted due to the crisis still have ways to take control of their situation. Many qualify for discretionary relief in the form of extensions to their stay  or excused late applications if they can show that extraordinary circumstances prevented them from complying.

If you or a relative is in such a situation, it is recommended that an immigration attorney is consulted for a professional evaluation of your options.