What can I do if I cannot depart before my tourist status expires?
The COVID-19 Coronavirus Crisis and the resulting travel bans, in the U.S. and abroad, have made it very difficult for tourists to return to their home country before the expiration date of their tourist status. Alternatively, some tourists would prefer to stay in the U.S. to wait out the crisis, since the crisis is currently worse in their home country. As a result, the questions arise about how to do so and whether it makes sense to do so.
The options for visitors under a B-1/B-2 visa are vastly different from those for visitors under the ESTA/Visa Waiver Program. Visitors under a B-1/B-2 visa can file an application with USCIS to extend their status for up to 180 days (6 months), or to apply to change to a different status.
Visitors under the ESTA/Visa Waiver Program are not allowed to extend or change their status. Only under emergency circumstances, as determined in the discretion of the local CBP office having jurisdiction over the place where the visitor is staying (or it can also be the place of entry), can visitors request an additional 30 days during which to depart without being considered to have overstayed their ESTA/Visa Waiver Program status. This is called "Satisfactory Departure". Since the declaration of the various travel bans and the cancellations of most international flights to and from the U.S., some CBP District Directors across the U.S. have announced their procedures for visitors requesting approval for satisfactory departure. CBP generally requests that the visitor request Satisfactory Departure at least 14 days before the expiration of the current status. CBP has stated that it can approve Satisfactor Departure even after expiration of the status, on a case by case basis.
It is important to note that not all CBP District Directors have agreed to approve Satisfactory Departure because international flights are still available from certain, designated airports across the U.S., and they expect visitors to conduct their own research and find solutions for departing from the U.S. prior to the expiration of their visitor status.
If you would like assistance in applying for extension of B-1/B-2 status or for Satisfactory Departure under the ESTA/Visa Waiver Program, please contact us at +1 (941) 362-7100.