¿Qué puedo hacer si mi estatus de no inmigrante está a punto de expirar o si ya expiró durante la pandemia de coronavirus?

This is part of a series of posts aimed at informing those that can or have been potentially affected by changes in U.S. government immigration policy in response to the coronavirus (COVID-19) pandemic.

We hope that you and your family are safe during these difficult and uncertain times.

If your nonimmigrant status is about to expire, we highly advise that you seek a consultation with an experienced immigration attorney as soon as possible. The quicker that you reach out to an attorney, the greater the chances are that he or she will be able to help you.

If your nonimmigrant status has already expired, then you may still qualify for an extension or change of status—based on the sole discretion of the USCIS—if it can be demonstrated that:

1. The late filing is the result of extraordinary circumstances beyond the control of the applicant or petitioner and the delay is commensurate with the circumstances;
2. the applicant has not otherwise violated his/her nonimmigrant status;
3. the applicant remains a bona fide nonimmigrant; y
4. the applicant is not subject to deportation or removal proceedings.

A person whose status has already expired may also be immediately eligible for adjustment of status depending on their situation.