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For Foreign Visitors Who Are Unable to Depart the U.S. due to COVID-19
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A problem striking many foreign visitors during the current COVID-19 pandemic is the inability to depart the U.S. before the expiration of their authorized period of stay. Upon entry to the U.S. as a visitor for tourism or for business, the Customs and Border Protection Officers generally grant an authorized stay of 90 days, for those entering on the Electronic System for Travel Authorization (ESTA), or 6 months, for those using a B-1/B-2 visa. The exact expiration date of the authorized period of stay can vary, and it is the responsibility of the visitor to be compliant. If the visitor overstays this authorized period, they could be subject to strict consequences, including difficulty with future visa applications and be barred from entry for up to 10 years. The visitor can and should always check the details of their authorized stay here, by pulling their most recent Form I-94.
However, departing the U.S. in compliance with these requirements can be difficult if not impossible under this pandemic. Many flights are cancelled. Some borders here and abroad are closed. Moreover, the health risks of traveling with other potentially contagious members of the public are substantial.
For visitors who entered the U.S. on ESTA, Customs and Border Protection and the U.S. Citizenship and Immigration Services have issued guidance clarifying that individuals who are unable to depart the U.S. due to the pandemic can request a form of relief called Satisfactory Departure. This request extends the visitor’s authorized period of stay in 30-day increments beyond their original expiration date. For visitors who entered the U.S. using a B-1/B-2 visa, an official application may be filed with U.S. Citizenship and Immigration Services, requesting an extension of stay up to six months in duration.
Ensuring that the required extension is filed prior to the visitor’s expiration of authorized stay is key to maintaining a lawful immigration status and avoiding future immigration and travel problems. Our offices are currently open, and we offer video conference and teleconference consultations. If you have any questions about extending your stay in the U.S. as a visitor on ESTA or B-1/B-2, please do not hesitate to reach out and make an appointment.
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I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
In the final stages of our employment based green card, Maya Flores was very helpful. She guided us through the details, made a mock up interview and then went with us to the actual appointment. We were able to see her expertise because she made some clarifications to the officer. Very good service, 5 well deserved stars.
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