Thrilling information! On January 24, 2024, the U.S. Citizenship and Immigration Companies (USCIS) introduced a brand new replace to its Coverage Guide, which clarifies that officers have the discretionary energy to excuse a nonimmigrant’s failure to well timed file an extension of keep or change of standing request, if the delay was as a consequence of extraordinary circumstances past the management of the applicant or petitioner.

Normally, USCIS doesn’t approve an extension of keep or change of standing for an individual who failed to take care of their standing or the place such standing expired earlier than the submitting date of the appliance or petition. If sure circumstances are met, nevertheless, USCIS, in its discretion, could excuse the failure to file earlier than the interval of licensed keep expired.

The brand new replace seems in Chapter 4. Part A. Extension of Keep or Change of Standing, which features a new subsection entitled “Necessities to Well timed File a Request to Lengthen Keep or Change Standing.”

It clarifies that USCIS could excuse a failure to file earlier than the interval of licensed standing expires, the place the requestor demonstrates of their request that:

• The delay was as a consequence of extraordinary circumstances past the individual’s management;
• The size of the delay was commensurate with the circumstances;
• The individual has not in any other case violated their nonimmigrant standing;
• The individual stays a bona fide nonimmigrant; and
• The individual shouldn’t be the topic of removing proceedings and, within the case of extensions of keep, can be not the topic of deportation proceedings.

Examples of what USCIS considers extraordinary circumstances past the management of the individual could embody, however aren’t restricted to:

• The place the individual remained in the US after the expiration of the interval of admission as a consequence of a slowdown or stoppage of labor involving a strike, lockout, or different labor dispute; or

• • This clarifies {that a} employee who has remained in the US after the expiration of their interval of admission recognized of their Type I-94 as a consequence of a office labor dispute is not going to be negatively affected solely for these causes when making use of for “a subsequent visa” or a change of immigration standing.

• The place the first purpose for the late submitting is the lack of ability to acquire an authorized labor situation utility or momentary labor certification as a consequence of a lapse in authorities funding supporting these adjudications.

When USCIS permits such discretion and approves the premature filed utility to increase an applicant’s or beneficiary’s keep, the approval is efficient as of the date of the expiration of the prior nonimmigrant admission interval.

Nonetheless, when a late filed utility for a change of standing is accredited by USCIS, the change of standing takes impact on the approval date.

In each instances, USCIS considers the applicant or beneficiary of an accredited premature change of standing request to have maintained lawful standing through the interval USCIS excused.

For extra details about this new replace, please click on right here.

Contact Us. If you want to schedule a session, please textual content 619-569-1768 or name 619-819-9204.

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