COVID COUNTER: U.S. Extends Stay for Caribbean Non-immigrants

WASHINGTON, D.C. – Caribbean and other non-immigrants are being allowed to extend their stay in the United States during the novel coronavirus (COVID-19) pandemic, as long as they file their applications in a timely manner.

The U.S. Citizenship and Immigration Services (USCIS) last month said the U.S. Department of Homeland Security (DHS) “recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic.

“Generally, non-immigrants must depart the United States before their authorized period of admission expires,” the USCIS noted.

“However, we recognize that non-immigrants may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19.”

PROCESS

Should this occur, USCIS said non-immigrants can mitigate the immigration consequences of COVID-19 by “timely filing an application for extension of stay (EOS) or change in status (COS).”

USCIS said it continues to accept and process applications and petitions, and that non-immigrants generally do not accrue unlawful presence “while the timely-filed, non-frivolous EOS/COS application is pending.”

Where applicable, the agency said employment authorization with the same employer, subject to the same terms and conditions of the prior approval, is automatically extended for up to 240 days after the I-94 visa expiration when an extension of stay request is filed on time.

USCIS said the petitioner or applicant must submit “credible evidence to support their request, which USCIS will evaluate on a case-by-case basis.”

However, USCIS said while Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status, under current regulations, if an emergency such as COVID-19 prevents the departure of a VWP entrant, “USCIS in its discretion may grant a period of satisfactory departure for up to 30 days.

“For those VWP entrants already granted satisfactory departure and unable to depart within this 30-day period because of COVID-19 related issues, USCIS has the authority to temporarily provide an additional 30-day period of satisfactory departure,” the statement added.