As the world continues to adjust to the new realities of the coronavirus (COVID-19), the U.S. Government has suspended visa services and cancelled non-emergency visa interview appointments at U.S. Embassies and Consulates around the world. Individual Embassies and Consulates have posted suspension notices on their website, and applicants have received an electronic notification of the cancellation. Many countries such as (Italy, India, Mexico, the Philippines, Russia, Spain, and the United Kingdom) have suspended visa services, and the list is growing.
Individuals currently in the United States under the VWP/ESTA authorization who find themselves unable to leave the United Status due to COVID-19 related issues may be eligible for an extension of their stay. Under normal circumstances, VWP visitors are restricted to a 90 day entry into the U.S., with no possibility to change or extend their immigration status. Normally, the only circumstance where staying in this status is permitted if filing for an adjustment of status based on marrying a U.S. Citizen. However, in this extreme circumstance they are now permitted to apply for Satisfactory Departure if they cannot leave the country due to an emergency. Unfortunately, requests for Satisfactory Departure are generally adjudicated in-person at a U.S. Citizenship and Immigration Services (USCIS) field office, and all USCIS field offices have closed in-person services until at least April 7th. However, USCIS notes that they will still provide emergency services for limited situations, accessible by reaching out to the USCIS Contact Center. In certain circumstances, U.S. Customs and Border Protection (CBP) may also adjudicate requests for satisfactory departure, such as for those awaiting a cancelled flight and are now stranded at the airport.
According to the CBP, individuals admitted under the VWP can apply for Satisfactory Departure through the CBP by contacting their local port of entry, including deferred inspection locations. You can find a list of deferred inspection sites here. Individuals applying for deferred inspection will need to provide the traveler’s name, date of birth, and passport information at the time of the request, and may be asked to provide the original departure flight itinerary, as well as their new departure flight itinerary. Generally, individuals may only request Satisfactory Departure if they are within 14 days or less of the expiration of their VWP authorized stay. However, this changes from site to site – some require the applicant to be within as little as 3 days of their immigration authorization expiration.
Individuals currently in the U.S. on any nonimmigrant status, such as H-1b, L-1, B-1 or B-2 visa may request an extension or change of status to maintain immigration authorization. As long as USCIS receives the application before the status expires, the individual is allowed to stay until USCIS processes the case. USCIS currently states that it will take 6 – 8 months to adjudicate a B-1/B-2 extension of status application, so submitting an application now theoretically protects an applicant’s immigration status for at least half a year and allows the person to stay.
If you are currently in the United States under any status (or lack thereof), we here at Feldman Feldman and Associates are here to ensure you know your options and are protected. If you have questions or we can help you in changing or extending your status or obtaining Satisfactory Departure, please contact us through our website or at (619) 299-9600.
