COVID-19 and B2 Extension Requests

COVID-19 and B2 Extension Requests

On April 13, 2020, the USCIS issued an alert regarding COVID-19 an its impact on immigration-related applications such as B2 extension requests.¹

In the alert, the USCIS suggests that it will use its discretion to excuse an applicant’s failure to timely file an application for extension of stay (“EOS”) or change in status (“COS”) if the failure was a direct result of the coronavirus (“COVID-19”) pandemic. Id. The USCIS has used this type of case-by-case discretion at various times in the past during times of natural disasters. Id. 

Visa Waiver Applicants

The USCIS COVID-19 alert also suggests that the USCIS will use its discretion to grant Visa Waiver Program (“VWP”) entrants additional time in the United States if their inability to timely depart the United States is a direct result of the coronavirus (“COVID-19”) pandemic. Id. This additional time is considered a “period of satisfactory departure” and may be granted for an initial period of up to 30 days. Id. 

Satisfactory departure is discussed in Title 8 of the Code of Federal Regulations §217.3(a): 

(a) Satisfactory departure. If an emergency prevents an alien admitted under this part from departing from the United States within his or her period of authorized stay, the district director having jurisdiction over the place of the alien’s temporary stay may, in his or her discretion, grant a period of satisfactory departure not to exceed 30 days. If departure is accomplished during that period, the alien is to be regarded as having satisfactorily accomplished the visit without overstaying the allotted time.²

For those VWP entrants already granted satisfactory departure and unable to depart within the initial 30-day period because of COVID-19 related issues, USCIS has the authority to temporarily provide an additional 30-day period of satisfactory departure.³

If you need assistance timely preparing a request for an extension of stay as a B2 tourist or you would like to find out how to request satisfactory departure from USCIS as a visa waiver program entrant, contact Lally Immigration Services, LLC at (617) 870-1000 or by email to [email protected].

1. USCIS website: https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings
2. 8 CFR §217.3(a).
3. USCIS website: https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings