Stimulus checks, visa holders, existing applications, etc. : immigration

This sub has seen the identical questions time and again, and I believed it match to arrange a few of the most typical questions and solutions into one place. If something, this may be linked to if individuals ask the identical questions once more.

Be aware: This isn’t authorized recommendation and is collated from sources quoted under. Check with an immigration lawyer if doubtful.

FAQ Sections

 

Non permanent guests (B/F/J/ESTA/and so on)

Q: I am right here on an ESTA/VWP and I can not go away – what can I do?

You’ll be able to apply for Passable Departure at a CBP workplace at choose airports, which will provide you with 30 further days to depart.

https://www.natlawreview.com/article/cbp-updates-satisfactory-departure-process-travelers-forced-to-remain-united-states

There aren’t any provisions in legislation for an extra extension, and you aren’t eligible to alter, lengthen or modify standing (until married to, or mother or father of, a US citizen).

 

Q: I am right here on an expiring non permanent standing (B, J, H, F, and so on) and I can not go away – what can I do?

You’ll be able to apply for an extension of standing if you happen to proceed to be eligible in your standing by submitting I-539 with USCIS. In case you are not eligible in your standing (e.g. research ended for F standing), you’ll be able to apply for a 6 or 12 month change of standing to that of B-2 (pleasure). Chances are you’ll cite the continuing disaster and issue of acquiring flights to depart as a cause for making use of for a change/extension of standing.

https://www.uscis.gov/i-539

 

Work visas

Q: I am on a piece visa and my hours have been reduce OR my pay was diminished OR positioned on no-pay go away OR furloughed. Can I keep?

For practically all work visas, any discount of your hours or pay is functionally equal to a lay off. The one exception is that if your LCA or petition specified an hourly wage as a substitute of an annual wage; on this a discount of hours could also be acceptable (although it’s best to test along with your firm’s attorneys).

You’ll have a 60 day grace interval, and if you happen to want to keep, take a look at the subsequent query.

 

Q: I am on a E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN and received laid off – what can I do?

You will have a 60 day grace interval earlier than you need to depart.

You will have a few choices, and also you MUST choose one earlier than the top of the grace interval:

• Depart the USA

• For many work visas (besides L-1), you could find a brand new job and have your employer file an I-129. You can’t begin work till it’s accepted (3-10 months), until you are on the H-1B.

• Apply for adjustment of standing (if eligible) by way of marriage or work.

• Apply for a change of standing to B with type I-539. As soon as accepted, you’ll be able to change again to a piece visa standing once more with the I-129.

• Apply for a change of standing to F for a course of research.

 

Q: Is premium processing accessible?

No, it has been suspended till additional discover. https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

 

Q: Can I’ve the 60 day grace interval prolonged?

Not at present. It doesn’t seem there are any plans to increase it both.

 

Exterior the US

Q: I am outdoors the US, can I enter?

There are lots of journey restrictions proper now, and also you’re suggested to defer journey until completely needed. Any flight could also be extraordinarily expensive and topic to a excessive danger of cancellation.

https://en.wikipedia.org/wiki/2020_coronavirus_pandemic_in_the_United_States#Travel_and_entry_restrictions

People who have been within the following international locations within the final 14 days are banned from entry: China, Europe Schengen international locations, UK, Eire, Iran. This isn’t a nationality ban; you’ll be able to journey to a 3rd nation for 14 days earlier than continuing to the US.

Moreover, the US-Canada border is closed besides to important journey and residents returning to their very own international locations. Be aware that journey for work (e.g. TN) is taken into account important.

Moreover, be aware that the next teams of persons are EXCLUDED from any journey ban:

• US residents (USC)

• US lawful everlasting residents (LPR)

• Rapid household of USC/LPR (spouses, minor youngsters)

 

Q: I would like a visa, how can I get one now?

The wanting it’s – you’ll be able to’t. US embassies worldwide are closed till additional discover. If there’s a respectable emergency, you’ll be able to contact the embassy instantly.

https://journey.state.gov/content material/journey/en/Information/visas-news/suspension-of-routine-visa-services.html

 

Q: I am making use of for a nonimmigrant/immigrant visa, will my utility be delayed?

It would undoubtedly be delayed. Whereas embassies are closed, demand continues to construct. One can undoubtedly count on an enormous backlog as soon as the embassies reopen.

 

Q: I had an appointment however the embassy is closed, what occurs?

Pay shut consideration to communications from the embassy by way of e-mail or their web site. Every embassy can set its personal insurance policies; your appointment could also be robotically rescheduled or it’s essential to manually reschedule.

 

Present Purposes/USCIS

Q: I’ve an present utility with USCIS, will it’s processed or delayed?

USCIS stays open to course of purposes, however all in-person companies are suspended till a minimum of Could 3 (doubtless longer).

Have a look at the desk under to determine in case your utility will proceed processing:

Kind	Biometrics Required	Interview Required	Processing
I-765 AOS/DACA/and so on	Sure	No	Sure if in case you have biometrics submitted for any utility earlier than, together with present one
I-131	Sure	No	Sure if in case you have submitted biometrics for this utility
I-485	Sure	Sure	Sure if in case you have submitted biometrics AND interview for this utility
I-129	No	No	Sure
I-539	Sure	No	Sure if in case you have submitted biometrics for this utility
I-130	Perhaps	Perhaps	Sure

In case your utility doesn’t require an in-person appointment OR you will have already attended it, you’ll be able to count on USCIS to proceed processing it.

Be ready for delays: USCIS goes distant work they usually might not be nicely setup for it. They’re additionally more likely to get a surge in purposes for extensions of keep and alter of employment.

https://www.uscis.gov/about-us/uscis-response-coronavirus-2019-covid-19

 

Q: My (biometrics/interview) appointment was cancelled, what do I must do?

Examine your mail as soon as USCIS re-opens, your appointment will likely be rescheduled robotically.

 

Stimulus Examine

Q: Am I eligible for the coronavirus stimulus test?

In case you are a authorized US tax resident with an SSN and revenue, you might be eligible. This consists of everlasting residents, work visa holders, DACA, and extra. Individuals who aren’t eligible embrace these with out an SSN, F-1 college students current for lower than 5 years, and J-1 current for lower than 2 years (exceptions apply).

You could additional meet these non-immigration necessities:

• Make lower than $75,000 to get the complete test (doubled if married)

• Make lower than $100,000 to get something in any respect (doubled if married)

• Not be filed as a depending on another person’s tax return

• Filed a 2018 or 2019 tax return with IRS as a resident alien so that you can get the stimulus test as a direct deposit robotically

[For stimulus check public charge, look at the public charge section]

 

Unemployment

Q: Am I eligible for unemployment?

In case you are licensed to work for any employer, you might be eligible for unemployment. This consists of everlasting residents, DACA, TPS, asylees, refugees and sure dependent visa holders with unrestricted EADs.

Typically talking, those that are on work visas tied to an employer (e.g. H-1B, L-1, TN) usually are not eligible for unemployment. It’s because a situation of receiving unemployment is being “ready and keen to work”; nonetheless because you wouldn’t have work authorization to begin a job with any employer, you aren’t “capable of work”.

[For unemployment public charge, look at the public charge section]

 

Public Cost

Q: Is the coronavirus stimulus test thought of public cost?

No. The coronavirus stimulus test is definitely a 2020 tax credit score paid prematurely, and thus doesn’t fall beneath any profit class within the public cost rule.

Check with quoted part from: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10#S-A-2

Along with the money advantages for revenue upkeep recognized within the rule (SSI, TANF and GA), USCIS considers some other federal, state, and native tribal money help for revenue upkeep (aside from tax credit).

 

Q: Is unemployment (state, or federal $600/week) thought of public cost?

No. USCIS particularly excludes unemployment from public cost.

Quoted from https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

The next is a non-exhaustive record of public advantages that USCIS doesn’t take into account within the public cost inadmissibility dedication as they’re thought of earned advantages:

 

Q: Is the usage of free coronavirus testing, remedy packages or Medicaid for coronavirus remedy thought of public cost?

No, consult with quoted part from: https://www.uscis.gov/greencard/public-charge

To handle the chance that some aliens impacted by COVID-19 could also be hesitant to hunt needed medical remedy or preventive companies, USCIS will neither take into account testing, remedy, nor preventative care (together with vaccines, if a vaccine turns into accessible) associated to COVID-19 as a part of a public cost inadmissibility dedication, nor as associated to the general public profit situation relevant to sure nonimmigrants looking for an extension of keep or change of standing, even when such remedy is supplied or paid for by a number of public advantages, as outlined within the rule (e.g. federally funded Medicaid).