U.S. Citizenship and Immigration Services (USCIS) updated its policies on January 24, 2024, to say that USCIS has the authority, at its discretion and under specific conditions, to pardon the late submission of a nonimmigrant’s extension of stay or change of status request if the delay resulted from extraordinary circumstances that the petitioner could not control.
Untimely Filed Extension of Stay
An untimely filed extension of stay occurs when a nonimmigrant in the United States misses the deadline to submit their application to extend their authorized period of stay within the country. This typically means filing the application after their current visa or status expires.
Change Of Status
Change of status refers to the process of transitioning from one authorized nonimmigrant visa category to another while you’re already physically present in the United States.
USCIS has the discretion to excuse a late application if due to extraordinary circumstances beyond the applicant’s control including:
USCIS clarified it does not approve an extension of stay or change of status for a person who failed to maintain the previously accorded status or where such status expired before the filing date of the application or petition. If certain conditions are met, however, USCIS, in its discretion, may excuse the failure to file before the period of authorized stay expires.
This USCIS update may provide relief for nonimmigrants who unintentionally overstayed due to unforeseen circumstances. Immigration applicants should always strive to file on time and consult with immigration attorneys for accurate guidance.
U.S. immigration law is confusing and changes frequently. Not filing the documentation correctly can lead to delays, extra costs, stress, denials – and even deportation. The skilled immigration attorneys at Godoy Law Office Immigration Attorneys have experience in many different types of immigration cases and an understanding of the impact of new and changing immigration regulations, it can be beneficial for you to contact an immigration lawyer today. Please call 630-345-4164.
AREAS WE SERVE: Godoy Law Office Immigration Lawyers helps clients in all 50 states and has 3 offices in the Chicago, Illinois area.
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
