Ann Lee
by Ann Lee and Samantha Wolfe
On January 24, 2024, U.S. Citizenship and Immigration Services (USCIS) introduced significant changes regarding untimely filed requests for change of status or extension of stay for nonimmigrants, particularly under exceptional circumstances. This updated guidance, effective immediately, empowers USCIS with the discretion to excuse delays in these filing processes.
Understanding the Background
Samantha Wolfe
Nonimmigrants admitted to the United States for specific periods often seek extensions to continue activities permitted under their nonimmigrant status. Similarly, some individuals may aspire to change their status to another nonimmigrant classification, subject to meeting specific requirements. The extension and change of status applications or petitions are required to be filed within a certain time period of an event, such as a status expiration.
While USCIS typically maintains a stance against approving untimely filed requests, this policy revision now allows for discretion in cases where individuals face obstacles in filing within the prescribed timeframe and clarifies examples of extraordinary circumstances. Given the discretionary nature of the policy update, it remains imperative for individuals to uphold their status and adhere to filing deadlines for change of status or extension of stay requests.
Key Policy Adjustments
The updated policy introduces a new italicized subsection delineating the prerequisites for timely filing of requests to extend stay or change status. Additionally, minor adjustments in technical, stylistic, and conforming aspects may accompany this update.
Under the revised policy:
- USCIS may consider excusing untimely filed requests for extensions of stay and change of status if the delay results from extraordinary circumstances beyond the individual’s control.
- These extraordinary circumstances encompass various factors, including but not limited to, delays stemming from labor disputes such as strikes, slowdowns, or stoppages, other labor disputes, as well as disruptions in government funding crucial for adjudications.
Concluding Remarks
The USCIS policy update on untimely filed extensions of stay and change of status requests acknowledges the existence of extraordinary circumstances that may impede individuals from adhering to filing deadlines. By exercising discretion in such instances, USCIS aims to accommodate unique situations while ensuring adherence to immigration regulations.
Change of status or extension of stay requests requires careful case-by-case analysis and evaluation by experienced immigration counsel.
Reference: U.S. Citizenship and Immigration Services (USCIS), Policy Alert PA-2024-02, January 24, 2024.
