How to request extension of stay due to coronavirus

By Jessica Suotmaa 0

Our office has received numerous inquiries on extensions of stays for those who are in the country on non-immigrant visas.  For some, flights were cancelled by the airline, by their home country, or by other restrictions on travel.  For others, it could be an illness, an imposed quarantine, or a sick family member. Regardless of what the reasons behind the need for extension, the procedure for visa extension is the same for non-immigrant visa holders during the COVID-19 global pandemic.

Non-immigrant Visa

Non-immigrant visa holders needing to extend their stays can apply online on the United States Citizenship and Immigration Services (USCIS) website or by filing a paper copy of the form I-539 Application to Extend/Change Nonimmigrant Status.

Note: The form I-539 now includes questions related to the Public Charge rule as announced on the USCIS alert:

“The final rule requires certain applicants and petitioners seeking extension of stay and change of status to report certain information related to public benefits. Due to litigation-related delays in the final rule’s implementation, USCIS is applying this requirement as though it refers to Feb. 24, 2020, rather than Oct. 15, 2019. Please read all references to Oct. 15, 2019 as though they refer to Feb. 24, 2020.

USCIS will not consider, and applicants and petitioners submitting applications and petitions for extension of stay and change of status do not need to report the receipt of any public benefits received before Feb. 24, 2020.

Certain classes of aliens are exempt from the public charge ground of inadmissibility (such as refugees, asylees, certain VAWA self-petitioners, U petitioners, and T applicants) and therefore, are not subject to the final rule.”

If you have further questions or are in need of assistance with extending your non-immigrant visa stay, feel free to contact our experienced immigration attorneys.

Visa Waiver Program (ESTA)

If you did not enter the U.S. on a non-immigrant visa, but are nonetheless stuck here due to the coronavirus, we’ll explain the process of how to request an extension of stay.

U.S. visitors who entered through the Visa Waiver Program (ESTA) have ninety days to leave the country. However, if your flight was cancelled due to COVID-19, or if you have other circumstances that require you to extend your stay, you can request approval for Satisfactory Departure through U.S. Customs and Border Protection (CBP).

On April 17, 2020, CBP announced it is offering flexibility for ESTA holders to return home past the initial 90-days if their travel is affected by COVID-19.  ESTA holders can request up to 30-day extensions by either:

  1. Contacting the CBP office at the Port of Entry or Deferred Inspection Site
  2. Contacting USCIS Contact Center (1-800-375-5283)

The “port of entry” refers to where you entered the United States, e.g. Los Angeles International Airport (LAX). The deferred inspection site is usually at an airport or U.S. border as well.

We contacted LAX CBP to determine how to apply for an Extension of Stay and here’s the response we received:

  • You must apply within 14 days of your visa expiration (not earlier)
  • Your extension must be based on a “serious emergency“, such as hospitalization, conditions that require flights to be delayed or cancelled for more than 24 hours
  • If your extension of stay request is based on COVID-19, you’ll have to attach relevant documentation such as flight cancellation notices, positive test results, medical records
  • For ESTA holders, you must include a Extension of Stay request form, signed Affidavit (form), copy of passport biographical page, copy of U.S. nonimmigrant visa (ESTA), and copy of admission stamp in passport

Please note that if you emailed your submission without all necessary documents, your request will be ignored (not denied). You will have to resubmit a new request.

Others who may use this method to request an extension of stay include:

    • F-1 Visa International Students
    • J-1 Visa Exchange Visitors
    • Work visa holders
    • L-1 Visa Holders
    • Adjustment of Status Applicants
    • Refugees

The Extension of Stay request can be completed by an attorney as well. Please contact our office if you would like a consultation, guidance, or assistance with your Request for Extension of Stay.