The Department of Homeland Security (DHS), in response to the immigration-related challenges resulting from the coronavirus (COVID-19) pandemic, has issued additional information about filing extension and change of status petitions for those who “may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19.” DHS states that in general nonimmigrants must depart the US before their authorized period of admission expires, but if that is not possible because of reasons related to COVID-19, nonimmigrants should note the following:

Applying for an Extension: DHS first notes that many nonimmigrants can mitigate the immigration consequences of COVID-19 by timely filing an application for extension of stay (EOS) or change of status (COS). US Citizenship & Immigration Services (USCIS) is currently accepting and processing applications and petitions, and some forms are available for online filing.

As members of the American Immigration Lawyers Association (AILA), the attorneys of D&B receive updates on trends and problems that sometimes arise within the various government agencies handling immigration matters. The most recent involves the denial of some adjustment of status (AOS) and change-of-status applications by US Citizenship & Immigration Services (USCIS) when the applicant has purchased, but not used, an airline ticket to depart the US. The denial reason: the applicant's alleged intention to depart from the US and consequent abandonment of the application (applicants for AOS and COS applications must remain in the US until travel parole is granted or the application is approved, respectively, and so leaving the US before either of these is considered abandonment of the application).

How is this happening? US Customs and Border Protection reports that when a foreign national buys a ticket departing the US, this information is uploaded into their system and shared with USCIS. This "implied departure" is displayed on a preliminary screen, and unless officers clicks to a "deeper level" of the record, they will be unaware whether the foreign national departed the US or not. Denials for this reason, when the foreign national did not in fact depart the US, are due to officer error, and should be corrected with additional training.