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?19 Mar 2020
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)
Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved