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Question – Overstaying visa Because of Coronavirus
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elle123
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What would be the correct procedure for travelers who will be overstaying their Visitor visas (such as B1, B2) in USA due to travel restrictions, flight cancellations, and border closings related to Coronavirus.

What must be done by people visiting USA from Nepal to make sure we are following the rules in these extreme circumstances?

Would really appreciate if someone could point us in the right direction as soon as possible.

Thank you in advance.
Last edited: 13-Apr-20 11:10 PM
elle123
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European Union (EU) has done this, how about USA

In Chapter V Article 33 of the EU Visa Code regarding Extensions, the following is applicable:

The period of validity and/or the duration of stay of an issued visa shall be extended where the competent authority of a Member State considers that a visa holder has provided proof of force majeure or humanitarian reasons preventing him from leaving the territory of the Member States before the expiry of the period of validity of or the duration of stay authorised by the visa. Such an extension shall be granted free of charge.

The global pandemic falls under force majeure and visa extension fees have been waived. 

Get in touch with the embassy of the EU/Schengen country you are currently in to apply for an extension if you are worried about overstaying. Currently, 90 extensions are being issued in most cases for Schengen tourist visas.
Last edited: 04-Apr-20 08:18 PM
Nas
· Snapshot 12
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एलिजी " I-539, Application To Extend/Change Nonimmigrant Status" त्यो फर्म फिल गरेर फाइल गर्न पर्छ हजुर !

https://www.uscis.gov/i539online

मोर इन्फो यहाँ छ है एलिजी ! होप ड्याट हेल्प्स !

https://www.jdsupra.com/legalnews/extensions-of-non-immigration-visa-19663/



Last edited: 04-Apr-20 08:24 PM
Nas
· Snapshot 369
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एलीजी .... मैले प्रोभाइड गरेको इन्फोले केहि मदत भयो हजुर ? भएँन भने फेरी रिसर्च गर्छु ! 🙄
Nas
· Snapshot 609
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औ एलिजी ..... कता हो हजुर .... हेल्लो हेलो .... जवाब पाऊ न हजुर 






Last edited: 11-Apr-20 04:48 PM
elle123
· Snapshot 887
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Thanks Nas for your resourcefulness, that would have been a way to go in normal situation. However, in the context of Covid Pandemia, here are few issues

1. even if one applies for visa now, USCIS will take 3-4 months to decide according to few legal experts

2. USCIS says on its website that they may excuse the delay if it was due to extraordinary circumstances beyond your control. (see below)

USCIS website says, "If you do not apply for the extension or change of status before your authorized period of admission expires, we may excuse the delay if it was due to extraordinary circumstances beyond your control."

3. According to Nepal embassy, even Nepal has decided to waive visa fee due to COVID pandemic; EU is also doing free extension

4. So the real question is whether US has made any statement regarding visa extension. Has US definitely said- all must extend visa even though it is "Force Majeure", a humanitarian crisis beyond any one's control. OR has USCIS made it clear that it would not excuse the delay even though people are not able to leave USA due to COVID Pandemic OR has USCIS made it clear that it does not consider this pandemic an extraordinary circumstances beyond your control."

5. Cost of visa extension is high and process is cumbersome, is USCIS demanding that people must pay and apply even if it would be far better to auto-extend and waive fee.  

https://www.uscis.gov/humanitarian/special-situati...

6. Any thoughts / Help ?
Last edited: 12-Apr-20 11:22 PM
Nas
· Snapshot 937
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हेलो एलीजी ....एट दिस पोइन्ट आइ थिङ्क वि ह्याब नो चोइस बट टु फालो व्हट द करेन्ट इउ एस सी आइ एस पलिसी इज ! आइ थिङ्क वि शुड नट सेकेन्ड गेस ड्याट द भिजा विल बि "अटो एक्सटेण्ड एंड वेभ फि" ! इफ आइ वेर इउ ... आइ वुड फालो द करेन्ट लिगल प्रसिजर एण्ड एक्सतेंद माइ भिजा ... आइ एम स्योर वि कुड़ अल्वेज गेट ड्याट फिज वेभड़ एण्ड रिफंदेड इफ द् पलिसी चेंजेस इन कमिग डेज ! आइ वुड नट टेक अ चान्स ... एण्ड इल्लिगल्ली स्टे इन दिस कन्ट्री जस्ट बिकज़ आइ फ़ाइन्ड़ द् भिजा एक्सटेन्सन फिज "हाइ" ... जस्ट माइ टू सेन्ट्स एलीजी ... एण्ड रियेअल्लि अप्प्रीसियेटेड़ इउ टेकिंग सम टाइम टू रिप्लाई मि ब्याक ! 🙏🏽
tps2gc
· Snapshot 1037
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Nas dherai ramro manche ho dnt go after his dasna n sirak .he is a good peeple .Tara Ali kaite Ni chha .afu 5 dollar ko Sher khelcha arukai 10000 halna khas khas banaucha .elle plz reply Nas fast
Nas
· Snapshot 1112
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"dnt go after his dasna n sirak"

एलिजीको अवस्था ?? ......🙄


Last edited: 13-Apr-20 03:39 PM
Nas
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"iv. Late Filings or Overstays
In the past, USCIS and the Department of State have sometimes “forgiven” those who file their extension late or overstay due to an emergency situation. The regulations allow for a late filing and a request for USCIS to “backdate” the approval (Nunc pro tunc) in instances where the late filing is not due to the fault of the individual. However, those types of approvals are not always granted. In instances where the individual overstayed the B visa and left, they are not allowed to use the same B visa to return to the U.S. again even in cases where the B visa is still valid in their passport. They must return to a U.S. consulate in order to have their B visa re- issued. This is important in order to avoid issues with CBP upon re-entry. U.S. Consulates have been generous in the past to re-issue the visa despite the overstay when it involves a natural disaster. We are not sure if the consulates would again be generous in re-issuing the B visas due to flight cancellations and other Coronavirus complications. Only in extreme circumstances should the individual overstay or fail to request an extension past the date of authorized stay."

भिजा एक्स्तेंड न गर्नु त् चारै छैन जस्तो छ एलि जी ! इमिग्रेसनको साईटमा अझसम्म पनि "एक्सटेन्सन अफ स्टे" गर्नु नै भनेको छ .... के हजुरको रिलेटिभ येति सारो सिकिस्त हुनु हुन्छ कि हि / शि इज अँनएबल टु फाइल द एक्सटेन्सन अँन - लाइन ? व्हट सर्कमस्ट्यानसियेल एभिदेंस द भिजिटर वुड प्रोभाइड टु शो हि वाज नट एबल टु फाइल भिजा एक्सटेन्सन अँन लाइन बिफोर हिज स्टे डेट इज एक्सपाएरड़ ? प्लिज थिङ्क अबाउट दीज क्वेसच्न्स !


Last edited: 13-Apr-20 04:48 PM
chicagoan
· Snapshot 1205
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I agree with Nas. Elle jyu, please follow the existing rules for your own sake since the government has not made any special arrangement at this point. The most important thing is to file the extension, your relative does not have to leave the country while it is being processed. If you are approved great, if not at least they would have stayed a little bit longer.
elle123
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With the current situation of the virus, traveling anywhere sounds like a very risky operation, especially for elders.That is the main reason behind this question.

However, there’s no easy way to extend status,

She likely won't be allowed to go home at this point in time. The news has been showing reports about a repatriation flights from USA are being refused from many countries –

With the current situation of the virus, traveling anywhere sounds like a very risky operation, especially for elders. That is the main reason behind this question. If US government will allow visitors to overstay until Covid-19 settles down. –

More seriously, there could be some sort of amnesty or other program offered to nonimmigrants in the US who are affected by the pandemic. If that happens, it could save you a few hundred dollars.

But I wouldn't count on it. I certainly haven't heard any mention of it, and the current administration sounds profoundly anti-immigrant, so it's unlikely to happen without political pressure.

In terms of risk analysis, the application fee will be well spent.

If so, is it possible to waive the fee due to the Corona virus situation?

Applying for a fee waiver is going to make her look like someone with financial problems, which will have a negative impact on her application as well as future applications for admission to the US. I would not do it.


Once the application is filed, she can remain until it is refused, or, if it is granted, until the end of the period of extended stay that is granted.

I think the next step after application is to come in for a "biometrics" appointment. However, for good reason (virus), USCIS has recently decided to close all "biometrics" centers. I suspect this will have a positive effect on application. It will just be on hold until they can schedule a biometrics appointment. However, who knows what they will do.

"she can legally remain until it is refused or as long as approved" -

If denied, it will indicate the grace period, not that it is specifically or always 2 weeks. I would recommend 6 months at the minimum.
granite
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I have also the same situation.my parent’s 1-94 is going to be expired by next two weeks.its already been extended once.By the rule now they dont allow to stay more than one yr in total at each visit.so, extension request again is the best option at this situation? You guys input would really appreciated.
chicagoan
· Snapshot 1856
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Why not do the right thing? Pay a few hundred bucks and request extension than trying to get around the system? That is the safest approach
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