B2 Extensions and Covid-19

A common inquiry these days has been the possibility of extending one’s B2 (visitor / tourist) status in the US.  A lot of people who came in the US on a B2 visa, let’s say around December or January (they give you 6 months) now could not even leave, even if they intended to leave before their B2 status expiration. Airports are at their home country are closed, or their flights we simply cancelled by the airline. What can they do to preserve a good record in the US and not incur any unlawful presence. 

Individuals who enter the U.S. on a B1/B2 visa are given an I-94/admission stamp, which details their visa category, date of admission, and their “admit-until date”. B1/B2 visa holders are required to depart the U.S. prior to or on their “admit-until date”. However, if they are unable to depart the U.S. by that date, they may request an extension of status with the United States Citizenship and Immigration Services (USCIS). If USCIS receives the request before their I-94 expires and the individual has not otherwise violated their status, then they may generally remain in the U.S. until USCIS makes a decision on their extension request. Again, during the PENDENCY of this application, even if your I-94 has expired, as long as you filed BEFORE the expiration of your I-94 status, you WON’T incur any unlawful presence.