Covid - Coronavirus

Lawsuit to freeze all immigration law deadlines

Our association, AILA, has filed a lawsuit against the USCIS today requesting the court to order the USCIS to freeze all immigration deadlines for:

 Initial applications

 Responses to all Requests for Evidence or other responses due on or after March 1, 2020

 Requests for extension of status, maintenance of status

 Reprieve from any expiration of status or employment authorization;

 Maintaining the status quo for purposes of eligibility for protection from removal, work authorization,

April 2, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday,  2 April 2020

FAQs  related to Covid Caronavirus: 

Loss of job while in AOS I-485 period || Question from Employers about Payroll for H-1B and others L-1, E, etc. employees || Extension of B-1-B2 (tourist visas or business visas) ||  

H-1B employee furlough's impact on green card and H-1B || Converting to B-1 B-2 status ||  H-1B denial ||  Changing H-1B home office location ||

Other FAQs: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card || Applying for green card for parents who are visiting/in the USA || H-1B lottery winner employee change of employers

COVID-19 Delays in Extension/Change of Status Filings

The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. USCIS continues to carefully analyze these issues and to leverage the resources to effectively address these challenges within USCIS's existing authorities. DHS also continues to take action to protect the American people and  communities, and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.

USCIS to Continue Processing Applications for Employment Authorization Extension Requests Despite Application Support Center Closures

U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics.

USCIS Expands Flexibility for Responding to USCIS Requests

In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.

USCIS Announces Flexibility for Requests for Evidence, Notices of Intent to Deny

In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.   

USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency

U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, USCIS will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond.

Extending B-1/B-2 visa for mother with health concerns – Options for caregiving in the US

Question details

The question is regarding my mother, who comes on B1/B2 every 6 months. My father expired during the COVID-19 pandemic, and she stays alone in India. My brother and I both live in the US. He is on an H1B visa, and I am on an H4 visa. My mom is also suffering from arthritis and is not able to walk much.

Is there a way we can extend her B1/B2 instead of sending her back to India? She has nobody to look after, and we are under a lot of stress as we are settled here and can't be in India for six months.

Video URL
FAQ Transcript

Yes, it may be possible for the mother to obtain a B-1/B-2 visa and potentially extend her stay in the US to help her children who are on H-1 visas. While not explicitly stated in law, there's a policy principle, often related to "cohabiting partners" as outlined in the State Department's Foreign Affairs Manual, that allows for B-1/B-2 visas in situations where close relationships exist, but dependents don't qualify for F-2 or H-4 status (like a parent of an H-1B holder).

This approach has been used successfully in the past for extended stays. However, it's not guaranteed and can be subject to the discretion of individual immigration officers. There's a risk of encountering issues or receiving requests for further evidence that may not make sense, requiring further action.

 

Guidance for Civil Surgeons Related to the COVID-19 Vaccine

As of Jan. 22, 2025, USCIS has waived any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination. USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination.