What happens if I overstay my non-immigrant visa during the coronavirus?
What happens if I overstay my non-immigrant visa during the coronavirus?
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The coronavirus Covid-19 pandemic is already stressful enough on its own and if you were caught up in this situation while you were in the United States on a B1 or B2 visitor visa you may be wondering what would happen if you overstayed your time in the country.
The first thing you need to know is that you can file an extension of your visa and you should do this as soon as possible to avoid any problems. The first step is filing a Form I-539 with a written statement that contains all of the details of the restrictions that apply and supporting documents. You can also check the information published on the USCIS, United States Citizenship and Immigration Services website regarding non-immigrant visa extensions.
How to file Form I-539
You can find the I-539, Extension of a Non-Immigrant Visa form in the USCIS website with further instructions. You will be able to file it online since many of the USCIS offices are closed due to the pandemic.
You can apply for an extension of your visitor visa by doing the following things: Filing a Form I-539, providing a written statement containing all the details of the restrictions that apply, and supplying the listed supporting documents.
You will be eligible for an extension if:
- You were lawfully admitted into the United States with a nonimmigrant visa;
- Your nonimmigrant visa status remains valid;
- You have not committed any crimes that make you ineligible for a visa;
- You have not violated the conditions of your admission; and
- Your passport is valid and will remain valid for the duration of your stay.
You may not apply to extend your stay if you were admitted to the United States in the following categories:
- Visa Waiver Program,
- Crew member (D nonimmigrant visa),
- In transit through the United States (C nonimmigrant visa),
- In transit through the United States without a visa (TWOV),
- Fiancé of a US citizen or dependent of a fiancé (K nonimmigrant visa) or
- Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa).
What other documents do you need to file?
With this form, you need to include a written statement in the form of a letter addressed to the USCIS where you explain why you need an extension to your B2 visitor visa. For instance, it could be that your country closed its borders or that there are no flights available for you to return home and you cannot go back until restrictions are lifted.
Additionally, you need to include supporting documents that can show USCIS that you will not become a Public Charge, meaning that you will not depend on the United States government to support yourself and that you will return home as soon as you can. The supporting documents must prove that your extended stay is temporary. You can include, for instance, your return tickets or evidence that you are still employed in your country (such as a letter from your employer).
Are there any filing fees for I-539?
Yes, you need to pay a filing fee of $370 and also an $85 biometric fee if the USCIS officials request it at the moment you submit your application (which will only occur for V visas or CNVI initial grant).
“You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions”, you can read on the USCIS website. It is also important for you to know that these fees are non-refundable, regardless of the action and decision that was made about your request.
Why it is important to file in a timely manner?
It is very important that you file for an extension of your visitor B1/B2 visa as soon as possible so that you do not accrue unlawful presence. Those non-immigrants that do not file for an extension of stay before their period of admission expires will be considered to be staying in the country illegally and could be barred from entering the country again later on.
However, as USCIS explains, there is flexibility for late applications, but only under extraordinary circumstances related to the Covid-19 pandemic.
Who else can apply for I-539?
According to information published by the USCIS, if you are in the following non-immigrant categories, besides the B1 and B2 visitor for business or pleasure that we already mentioned above, you can apply for I-539:
- A-3 (Attendants, Servants, Personal Employees of Diplomatic and Other Government Officials and Immediate Family),
- E-1 and E-2 (Dependents of Treaty Traders, Treaty Investors, and Their Employees),
- E-3 (Dependents of Skilled Professionals from Australia),
- G-5 (Attendants, Servants, Personal Employees of Foreign Government Officials and Immediate Family),
- H-4 (Dependents of Temporary Skilled or Unskilled Workers and Trainees),
- K-3 and K-4 (Spouse of US Citizen and Minor Child Accompanying/Following to Join),
- L-2 (Dependents of Intracompany Transferees),
- M (Vocational Students and Dependents),
- N (Parents and Children of Certain People Who Have Been Granted Special Immigrant Status),
- NATO-7 (Attendants, Servants, Personal Employees of NATO Representatives, Officials, Employees and Immediate Family Members),
- O-3 (Dependents of Aliens With Extraordinary Ability and Their Assistants),
- P-4 (Dependents of Athletes and Entertainers),
- R-2 (Dependents of Religious Workers),
- All “V” Categories (Certain Second-Preference Beneficiaries) or
- TD (Dependents of Canadians and Mexicans under the North American Free Trade Agreement (NAFTA)).
If you have questions about your stay in the country as a non-immigrant and your visitor visa, please contact today an immigration attorney in San Diego, California. Kannan Law will be able to help you and answer any questions related to this topic that you may have.