Changes to some of its key rules were recently announced by Citizenship and Immigration Services (USCIS) in the United States.
These changes will make the application process to extend your stay in the country easier. This good news only applies to some types of nonimmigrants.
USCIS has clarified several doubts in this regard in an official statement published on its website.
“An employee who has remained in the United States beyond the expiration of his or her eligibility period specified on his or her Form I-94 due to a labor dispute at work will not be disadvantaged on those grounds alone when applying for a subsequent visa or a change in immigration status.”
According to the well-known USCIS policy manual, its officers will exercise the discretion granted to them by the rules.
Therefore, a nonimmigrant's failure to file an application for extension of stay can only be excused under certain conditions. All this, provided that this delay is due to circumstances beyond the control of the immigrant.
USCIS clarifies that “extraordinary circumstances may include, but are not limited to, if the delay is due to a slowdown or interruption of work related to a strike, lockout, or other labor dispute.”
Another important reason
A major excuse is when the primary reason for filing the delay is the inability to obtain a certified work status application or temporary work certificate. It will be analyzed whether there will be a disruption in government funding to support such awards.
USCIS also reminds that certain nonimmigrants residing in the United States or their applicants may change their status. The upgrade would be, for example, a green card or another classification as a non-immigrant. Of course, to achieve this, it is essential to comply with all established requirements where appropriate.
USCIS stated that it has discretion to excuse the failure to file Form I-94 if the exceptional circumstances described exist in each individual case.
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