Entered the United States on a Tourist Visa and Can’t Leave Due to COVID-19?
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The U.S. immigration authorities are aware of the challenges faced by foreign visitors who entered the United States with a tourist visa, or under the “Visa Waiver Program,” whose authorized period of stay is temporary, and may have problems leaving before its admission period expires, or whose period has already expired, due to the pandemic situation. Aware of this problem, the immigration authorities are offering alternatives so that people in this situation may apply for an extension of their stay and/or leave at a specific time.
In this blog, we will discuss what can people do while being under these circumstances.
1. What is a tourist visa?
They are non-immigrant visas that allow people who have them to enter the United States temporarily, for tourism (B-2), business (B-1), or a combination of both (B1/B2).
Note: Tourist visas are in general valid for a few years. However, you must NOT confuse the period of validity of your visa, with the period of admission into the United States. The period of admission is indicated in the entry stamp that is stamped in your passport upon entering the United States. [For example, A person has a tourist visa valid from March 1, 2020, until March 1, 2022. This person entered the United States on March 6, 2020, and was given a period of admission of six (6) months. This person must then leave on or before the granted six (months) of admission, even when the visa is valid until March 1, 2022. Staying in the United States for a period beyond the time authorized upon entering, may bring negative consequences which we will be discussing further].
2. What is the “Visa Waiver Program”?
It’s a program that allows for many citizens and nationals of certain countries to travel to the United States for tourism or business for a period of 90 days or less, without the need of obtaining a visa. For a list of the countries that qualify for the “Visa Waiver Program” see: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html.
3. I haven’t been able to leave the United States within the time I was allowed to stay, what can I do?
a. For those who entered with a Tourist Visa:
They must file an Application to Extend/Change Non-immigrant Status with the “United States Citizenship and Immigration Services,” using form I-539. If you file your Form I-539 before the expiration date of your period of admission, you will not accumulate unlawful presence in the United States while your application is pending.
Form I-539 can be filed online or by mailing it. To access Form I-539 and its instructions about how to file it see:
https://www.uscis.gov/i-539 (English)
https://www.uscis.gov/es/formularios/i-539 (Español)
Note: Read carefully the forms’ instructions before filing any application. In addition, the instructions will indicate the evidence you must submit with the application. If you need help filling out these forms, please contact our office for a consultation at (206) 838-7628.
b. For those who entered under the “Visa Waiver Program”:
In normal circumstances, people who entered the United States under the “Visa Waiver Program,” would not qualify for an extension of stay in the United States. However, if an emergency (such as the Covid-19) impedes a person who entered under the “Visa Waiver Program” from leaving, then immigration may discreetly grant what is known as a “period of satisfactory departure” of 30 days. If even as such, the person can’t leave within those 30 days, he/she may apply for an additional period of 30 days. Those who need to pursue this option must contact the service center of “United States Citizenship and Immigration Services” at 800-375-5283 (for deaf people, with hearing or speaking disabilities must contact: TTY 800-767-1833).
Note: It’s possible that you may have to call them several times and wait on the phone for a while. Be patient. Request the name and badge number of the person with whom you speak and save the information obtained from the phone call. If you spoke with more than one person, request the same information for each.
4. What can I do if my period of stay has expired?
a. For those who entered with a Tourist Visa:
The “United States Citizenship and Immigration Services” has indicated that it will be flexible in accepting applications to Extend/Change Non-immigrant Status filed too late if it shows proof of extraordinary circumstances outside the control of the applicant, for example, the situations that the Covid-19 has caused (for example: if you were infected by the virus). The applicant in these cases must provide proof of their extraordinary circumstances. The time it took to file the application with immigration must keep in proportion to the time of your emergency. In other words, you must file your application to Extend/Change Non-immigrant Status (Form I-539), as soon as possible.
b. For those who entered under the “Visa Waiver Program”:
If you were unable to apply for the “period of satisfactory departure” before the 90 days of your entry into the United States, its recommended that you call the “United States Citizenship and Immigration Services” regardless and check if it can still be granted, or if you can do something else. If they don’t give you a satisfactory answer, it’s recommended that you seek advice from a specialized attorney.
5. What are the dangers of doing nothing, and remaining in the United States beyond the period of time I was authorized?
You would become an undocumented immigrant.
If you entered the United States with a visa, said visa would be automatically invalidated (which you would not be able to reuse in the future if it were a possibility), and you may be ineligible for a visa in the future.
If you entered the United States under the “Visa Waiver Program,” you will not be eligible for said program in the future. To return to the United States, you would need to apply for a visa.
For more information see:
https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html
Note: There may be other legal circumstances depending on the period of time you remain in the United States without legal status. It’s possible that you may have other options to change your visa to stay in the United States, please call our office for a consultation at (206) 838-7628 to discuss your options.
6. Tips:
Carefully read the information in your applications. Do not provide false information;
Do not forget to sign the forms if you mail them in paper;
Save a copy of all documents filed with immigration;
If you filed your Form I-539 in paper, pay attention to the notices you receive from immigration. Keep your mailing address updated; for change of addresses with the “United States Citizenship and Immigration Services” file Form AR-11 (available for filing online). For more information, see:
https://www.uscis.gov/ar-11 (English)
Respond quickly to any notification you receive from immigration;
If you are mailing, use certified mail and save a copy of the mailing and receipt of your correspondence;
Save proof of emergencies you may experience (for example, medical records, reports, photographs, etc.);
Keep yourself informed with regards to announcements by the “United States Citizenship and Immigration Services.” See:
Note: This blog is purely informative and does not pretend to substitute legal counsel from an attorney regarding specific cases. This is why it’s important that you consult with an immigration attorney. Call our office for a consultation at (206) 838-7628. We do consultations for people all around the United States through video-conference and telephone.
