COVID-19: Immigration Concerns

The quarantine imposed due to the COVID-19 pandemic has resulted in travel restrictions, which have generated immigration concerns. Travel bans remain in place, preventing holders of work and student visas from returning to the United States to resume their regular activities. USCIS has not automatically extended 2 the validity of visas presenting visitors in the United States with challenges and questions on their status.

Many consulates of the United States in different countries remain closed making it impossible to carry out the necessary procedures to obtain or renew visas required to travel to the United States. U.S Citizenship and Immigration Services (USCIS), had temporarily closed their local offices, but as of June 04, 2020, it has resumed non-emergency face-to-face services to the public. Visitors may not enter a USCIS facility if they have any symptoms of COVID-19, including cough, fever or difficulty breathing, have been in close contact with anyone known or suspected to have COVID-19 in the last 14 days; or have been individually directed to self-quarantine or self-isolate by a health care provider or public health official within the last 14 days.

Generally, non-immigrants must depart the United States before their authorized period of admission expires. However, due to the pandemic, nonimmigrants may apply for an extension by filing an application for extension of stay (EOS) or change in status (COS). If you have a B1/B2 visa, you may file an application to extend your status for up to six months. Visa waiver visitors (ESTA) in good status may only obtain an additional 30-day "satisfactory departure" period. The Satisfactory departure period is defined as an extension of the admission period, which is granted only in limited cases for serious emergencies, such as hospitalization, or conditions that cause flights to be delayed or cancelled for more than 24 hours. The COVID- 19 Pandemic constitutes a cause for an extension of the admission period without the need to allege or prove specific circumstances. As of the date of this article, USCIS has not extended the validity of business visas such as H1B, L1, and E2 categories.

Therefore, if your business visa is about to expire, you need to make arrangements in order to timely submit petitions and applications for the renewal of your visa or change of status if applicable. You must take into account that workers remaining in the United States after their status expires can face a minimum 3 years “unlawful presence” bar to reentry for overstay periods of less than 12 months, or 10 years for overstay of a year or more. If you have any immigration concerns we encourage you to contact us to discuss your situation. We recommend that you do not make decisions that may affect your immigration status without seeking legal advice. Any mistake may have an effect on future immigration matters. Our firm remains fully operational and 3 committed to assist you during this time.