There’s some good news for immigrants looking for USCIS benefits, but they’ll have to wait
While U.S. federal distancing guidelines are set to expire and the government looks ahead to reopening the country, the Department of Homeland Security’s Citizenship and Immigration Services (USCIS) is still strictly adhering to social distancing rules.
In an effort to prevent the spread of the new coronavirus, the immigration agency suspended all in-person services to immigrants on March 18 at its field offices, asylum offices and Application Support Centers — and the measure will be kept in place throughout May.
But there is some good news for tens of thousands of individuals awaiting immigration benefits such as extensions of status, work permits, green cards and U.S. citizenship through naturalization — including those who have interview appointments, biometric services and naturalization ceremonies — that have been impacted by the temporary office closure.
USCIS recently announced that is preparing to resume in-person immigration services on or after June 4.
What happens when USCIS normalizes immigration procedures
The paralysis of immigration procedures has generated anxiety in people with open processes, such as asylum seekers, permanent residents with green cards awaiting for American citizenship, and others with pending cases in immigration courts.
During this period, applicants and petitioners with schedule appointments and naturalization ceremonies have received cancellation notices.
Read more: Most USCIS services have been halted due to coronavirus. Here’s what immigrants can do
Once USCIS normalizes operations, it will mail notices with new dates, times and locations of the rescheduled interviews, appointments and ceremonies.
“When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure. Individuals will receive a new appointment letter in the mail,” said the agency.
“Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again.”
How to get USCIS services during coronavirus
There are things immigrants can do while USCIS’ offices are closed:
▪ Consult with “Emma,” the agency’s bilingual computer-generated virtual assistant, capable of answering specific questions and guiding users in the search for information.
▪Create a USCIS online account at https://myaccount.uscis.dhs.gov, which offers a secure way for immigrants and foreign nationals to submit applications and review their status as the process moves along.
▪Gather documents for immigration processes such as birth certificates, diplomas, marriage certificates, etc.
▪Update your address with USCIS through this website or by filing Form AR-11, Alien’s Change of Address Card.
▪ Submit immigration forms online, following these USCIS recommendations.
Read more: Immigrants can lose their green cards and face deportation if they make these mistakes
USCIS accepts late visa extension and change of status filings due to COVID-19
Particularly affected by the coronavirus restrictions are thousands of foreign nationals on non-immigrant visas whose authorized period of admission is expiring. If they cannot return to their countries due to the pandemic, they must file an application to extend their non-immigrant status.
In light of this extreme situation, the immigration agency published a list of options available for non-immigrants, so they can apply for an extension in a timely manner. Should the application be late, there will be more flexibility, the agency assured.
Non-immigrants who wish to extend their stay or change to another non-immigrant status must complete Form I-539, Application to Extend/Change Nonimmigrant Status and submit it electronically with the corresponding fee.
“USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19,” noted the DHS agency in a statement.
Flexibility for immigrants responding to USCIS requests
After immigrants apply for immigration benefits and submit their forms with the corresponding requirements, it is common for immigration authorities ask for more evidence to establish eligibility.
These USCIS requests and notifications give applicants and their attorneys the opportunity to intervene by providing more documentation or correcting mistakes before adjudicators close or denied their cases, sometimes initiating deportation procedures.
On Friday, the agency announced that, in response to the coronavirus epidemic, it will give applicants more time to respond to the following requests, notices or decisions issued between March 1 and July 1, 2020:
▪ Requests for Evidence (RFE)
▪ Notices of Intent to Deny (NOID)
▪ Notices of Intent to Revoke (NOIR)
▪ Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers (NOIT)
▪ Continuations to Request Evidence (N-14)
▪ Filing date requirements for Form I-290B, Notice of Appeal or Motion
“USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking action,” the agency explained in a statement.
“USCIS will consider a Form I-290B received up to 60 calendar days from the date of the decision before it takes any action.”
How to contact USCIS during closure
USCIS continues to provide limited emergency services during the coronavirus crisis.
Individuals needing assistance with an immediate immigration need can call the USCIS Contact Center toll-free 1-800-375-5283 or 1-800-767-1833 (TDD) or visit the agency’s Contact Us page.
▪ Read more: Non-citizens facing deportation don’t always have to leave the U.S. Here’s what they can do
▪ Read more: These are the five worst mistakes immigrants make when applying for U.S. citizenship
Daniel Shoer Roth is a journalist covering immigration law who does not offer legal advice or individual assistance to applicants. Follow him on Twitter @DanielShoerRoth or Instagram. The contents of this story do not constitute legal advice.
Read more about legal and immigration issues in Spanish at AccesoMiami.com
This story was originally published April 30, 2020 at 4:53 PM.
