My elderly father entered on a visitor visa about five months ago, and his I-94 is scheduled to expire in about 1 month. I do not think he should travel right now because of the COVID-19 outbreak. Can he extend his stay?

Answer

Generally speaking, a person in valid B-1/B-2 status may apply for an extension of stay. Under normal circumstances, the USCIS is often reluctant to approve such applications, as this visa category is generally intended for relatively short trips for business and/or pleasure. However, the USCIS does have the discretion to approve such applications, especially under the current circumstances; it may be wise to highlight your father’s age in the application and show how he is in a higher-risk group.

Further, note that one normally remains in a period of authorized stay while the timely filed application is pending. Please see the 17.Dec.2018 MurthyDotCom NewsBrief, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence. (18.Mar.2020)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.