Posted by: elle123 April 12, 2020
Question – Overstaying visa Because of Coronavirus
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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
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