My parents are in the U.S. in B-2 status, and their I-94s are scheduled to expire in two weeks. Their flight back to India was cancelled and it may be a month or two before they can leave. Do we have to pay the fees to file an extension of status, even though this is out of their control? Are there any automatic extensions being provided due to the pandemic?

Answer

Even though this is out of their control, if they do not leave the U.S. or apply for an extension of status prior to the expiration date on their I-94s, they will fall out of status and begin to accrue unlawful presence. There have not been any rule changes in this regard related to the pandemic.

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