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Immigration News Briefs

Provided by Humera Subhani

June 2020

The U.S. Citizenship and Immigration Services (USCIS) website states the following: “As of March 18, USCIS has temporarily suspended routine in-person services through at least May 3, 2020, to help slow the spread of coronavirus (Covid-19). USCIS staff will continue to perform mission critical duties that do not involve contact with the public.”
Please note that USCIS centers are still open and processing cases, although many attorneys have experienced delays in receiving notices, etc., as centers may be short-staffed. Also, all interviews and biometrics are in the process of being canceled and rescheduled for a later date.
We anticipate that the closure will be extended, and will update this situation in Khabar.

Delays in Extension/Change of Status Filings
Generally, nonimmigrants must depart the United States before their authorized period of admission expires. However, in view of the circumstances, USCIS is allowing the following:

Apply for an Extension: Most nonimmigrants can mitigate the immigration consequences of Covid-19 by timely filing an application for extension of stay (EOS) or change in status (COS). USCIS continues to accept and process applications and petitions, and many of their forms are available for online filing.

If You File in a Timely Manner: Nonimmigrants generally do not accrue unlawful presence while the timely filed, non-frivolous EOS/COS application is pending. Where applicable, 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 I-94 expiration when an extension of stay request is filed on time.

Flexibility for Late Applications: USCIS reminds petitioners and applicants that it can consider delays caused by the Covid-19 pandemic when deciding whether to excuse delays in filing documents based on extraordinary circumstances. Under current regulations and as noted on USCIS website’s “Special Situations” page, if a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond their control, such as those that may be caused by Covid-19.

Flexibility for Visa Waiver Entrants: Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status. However, 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.

APPLICATION FINAL ACTION DATES FOR June 2020

FAMILY	India	Pakistan/Bangladesh
1st	22May14	22May14
2A	Current	Current
2B	15Mar15	15Mar15
3rd	15Apr08	15Apr08
4th	22Jan05	08Aug06

EMPLOYMENT	India	Pakistan/Bangladesh
1st	08Jun16	Current
2nd	12Jun09	Current
3rd	01Apr09	08Nov17
Other	01Apr09	08Nov17
4th	Current	Current
5th	01Jan20	Current1B

DATES FOR FILING VISA APPLICATIONS - June 2020

FAMILY	India	Pakistan/Bangladesh
1st	15Feb15	15Feb15
2A	01May20	01May20
2B	01Dec15	01Dec15
3rd	15Mar09	15Mar09
4th	01Oct05	31Jul07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	15Mar17	Current
2nd	01Jul09	Current
3rd	01Feb10	01Apr19
Other	01Feb10	01Apr19
4th	Current	Current
5th	Current	Current1B