Step by step: what should I do if my visa expires and I cannot leave the US

At this time, the immigration situation in the US is unprecedented.

COVID-19 forced airlines to cancel thousands of flights. The borders closed; US Consulates and Embassies do not issue or renew visas; the centers and headquarters of the Office of Citizenship and Immigration Services (USCIS) remain closed, and last week ehe President Donald Trump suspended immigration for 60 days.

Before this panorama, Thousands of foreigners who were stranded in the US by the coronavirus wonder what will happen to their situation. With anguish, they see the date when their visa expires, and they do not know if the immigration authorities will allow them to stay longer than allowed in the country.

When trying to search for information on the Internet, they cannot find it, because it is an exceptional situation and there are still no written rules. And so, the questions accumulate and also the anxiety of not getting answers. That is why here, we easily clarify your questions about migration, and We explain what steps you should take if your visa or your residence permit has expired or is about to expire.

My visa expires in a few weeks, can I renew it?

Some foreigners are forced to leave the United States in the coming weeks because their visa expires in that period.. Although they entered the country legally, they fear for their situation, since the airline canceled the flight they had contracted, and has not yet confirmed if there is a new travel date scheduled.

In this way, stranded (or non-immigrant) tourists wonder if they can renew their visa to avoid incurring illegality. But the answer is no. Renewing the visa is not an option.

Since COVID-19 began to spread throughout the United States, the federal administration has ordered its diplomatic offices temporarily cancel all visa procedures, including renovations -except in cases of emergency-. In addition, President Donald Trump issued a decree to limit immigration, which suspends routine visa services for two months.

Extension of stay

Although they cannot renew their visa, foreigners who enter the US as nonimmigrants, -with type B-2 tourist visas, temporary employment, student or diplomatic, for example-, they have the possibility of requesting a Extension of stay.

Through a statement on their website, USCIS explained that it understands that COVID-19 has been able to affect the travel plans of foreigners. But he reminded those who are in this situation, that they must fill out a form to extend their stay, since if they do not, they will be breaking the law.

“Generally, nonimmigrants must leave the US before their authorized admission period expires. However, we recognize that nonimmigrants may stay in the US unexpectedly beyond their authorized admission period, and must request an exemption or change of status in advance. In these cases, nonimmigrants must present an Extension of Stay“clarifies the immigration agency.

Step by step: how do I request an Extension of Stay

Step One: Fill out Form I-539

To get the immigration authorities to allow you to stay longer than authorized, the first thing you should do is fill out Form I-539, “Application for Extension or Change of Nonimmigrant Status”.

Although the USCIS offices will remain closed until June 4, the agency clarifies that this process can be completed online, and must be presented before the visa expires. This grants the foreigner an extension and authorizes him to stay in the country, even if his stay or visa expires.

“If you file the application in a timely manner, usually non-immigrants do not accumulate illegal presence while the application is in process ”, explains USCIS.

Those foreigners who complete the form in a timely manner may remain in the country until USCIS provides a response to their request, even if the VISA has expired.

Step Two: Pay the Fees

The procedure is not free: It costs $ 370, plus an additional $ 85 for fingerprinting.

And what happens if my Visa has expired?

The immigration agency explains that will be “flexible” with I-539 applications that are filed late, and will assess each case individually, understanding that COVID-19 is an “extraordinary circumstance” that has affected the plans of many foreigners.

“If a petitioner or applicant files a petition for stay or change of status (on forms I-129 or I-539) after the authorized admission period expires, USCIS, in its sole discretion, You could excuse not having filed the petition on time if it was due to extraordinary circumstances beyond your control like, for example, those that could be caused by COVID-19 ”, explains USCIS on its website.

“The length of the delay should be commensurate with the circumstances. The petitioner or applicant must present credible evidence to support his request, that USCIS will evaluate according to each individual case. Such special situations have been used on several occasions in the past, including during natural disasters and similar crises, “he added.

In any case, even if it is late, it is vital to fill out this application, since otherwise, the foreigner could face problems with the immigration authorities.

And what about Participants in the Visa Waiver Program?

Through a tweet, USCIS clarified that “Participants in the Visa Waiver Program (VWP) are ineligible for an extension of stay or change of status. However, If COVID-19 prevents the departure of a VWP participant, we are authorized to allow 30 days for satisfactory departure”

When can I renew my visa?

Once consulates and embassies resume operations, foreigners may return to their countries of origin and request a renewal of their visa, provided they have remained in the United States in compliance with the law.

MORE ABOUT THIS TOPIC:

Migration in the US: when will the USCIS offices reopen and what procedures can be done

They suspended the issuance of Green Cards for 60 days: who will be affected

Donald Trump signed the decree to suspend immigration to the US for 60 days: what will be the scope of the measure

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