How to Extend Your Stay Due to Coronavirus

No doubt about it, the coronavirus pandemic has had an effect on everyone’s life. The way people interact with each other has changed, things people used to take for granted like eating inside a restaurant with plenty of other diners around is no longer an option, constantly having to think about clean hands, and wearing masks have become the norm, and these actions are just the tip of the iceberg. And if you are in this country with a visa that has expired or is about to, the COVID-19 pandemic also affects you.

What happens if you overstay your visa?

Generally, when a temporary visa expires and you stay on, you accrue what is referred to as “unlawful presence”, and these additional days that you are here can bring about some adverse consequences in your future. Being that not all countries are dealing with the pandemic in the same way and some may even have restrictions regarding people traveling to them, this can also affect you. Particularly if your country of origin or the one you need to return to is closed to travel. Or if flights in that area have been canceled until further notice.

Is there anything you can do?

You should immediately file to extend your stay. Don’t wait until your visa has expired to ask for an extension. You may be eligible to apply for an Extension of Stay (EOS) or a change of status (COS). Contact USCIS to find out the application that matches your visa and you may be able to fill out all forms online.

The disruption of all services due to the pandemic might mean that, even when you apply for an EOS or COS in advance of your visa expiring, that date may come and go without you receiving an answer. Since you have filed, the extra days you remain in this country will not be considered unlawful presence, but to be on the safe side keep checking your status online because some cases are decided at USCIS’s discretion.

What if you are a foreign national in a visa waiver program?

You will find yourself in a similar situation to the one described above. It’s recommended that you call the USCIS Contact Center, you might be surprised to find out that you have been allowed to stay a further 30 days in case of emergencies.

USCIS Offers No Special Relief for COVID-19

Non-immigrants who are seeking either an EOS or a COS may find that their applications have been subjected to a higher degree of scrutiny. Otherwise, USCIS is not currently offering any special flexibility to non-immigrants who face the expiration of their visas.

In short, there are very limited options if you are a foreign national that needs to seek a visa extension or change your status due to the COVID-19 pandemic. If you are seeking an excuse, make sure that your application is carefully documented.

If you are in doubt as to what documents might help your case, working with an immigration lawyer might help. The resources offered by the Immigration Law Counsel are invaluable at this time. Visit their website to find out more about the options available to you and how an experienced immigration attorney might help you resolve your immigration issue in these uncertain times.