Expiration of Visas and Extension of Stay during the Coronavirus COVID-19 Crisis

April 22nd, 2020

The current coronavirus crisis has caused a travel ban throughout the world, including  international travel from the U.S.  This is necessary to contain the spread of this virus and to limit its impact.

This travel restriction has potentially caused issues for individuals who are in the U.S. with visas that will expire or may have already expired during this period, so it is important to understand what are the obligations for those in these situations.

Non-Expired Visa Status

If your non-immigrant status or permission to stay in the US (date on the I-94, if you received one) is due to expire and, it does not appear that you will be able to travel prior to its expiration due to the COVID-19 crisis, then you generally should file for an extension of your current status or a change of status, whichever is more appropriate.  USCIS has announced that nonimmigrants who may unexpectedly have to remain in the United States beyond their authorized period of stay, should apply for an extension of stay or change of status in advance.

An extension of status is often achieved by filing an I-539 or in some cases an I-129 with USCIS, along with the required evidence to support the petition.  Properly filing the petition in a timely manner is important, which also means it should be supported by documentation sufficient to allow USCIS to accept and process it.

Generally Section 214 of the Immigration & Nationality Act and its corresponding regulations [i.e. 8 CFR § 214.1(c)], allow an individual with a pending I-539 or I-129 to remain in the U.S. lawfully, pursuant to the specific conditions of their visa, while USCIS adjudicates the application, if it was filed before the expiration of their status.  So it is critical that action be taken timely.

Expired Visa Status

If the visa status of an individual has already expired and their failure to depart was due to the coronavirus, there may be an option to recover their status. The current regulations state that USCIS may accept and approve an I-539 or I-129 which was filed after the person’s status expired, if it was “due to extraordinary circumstances beyond [their] control.” (See 8 CFR § 214.1(c)(4)(i))  USCIS has acknowledged that this exception may be applied to those impacted by the coronavirus.

ESTA-Visa Waiver Holder Status

Some visitors in the U.S. have a status that cannot be either extended nor changed, for example individuals who entered on an ESTA/Visa Waiver Program; however the law provides a limited exception for those individuals. 8 CFR §217.3(a)  states that if “an emergency prevents an [individual] admitted [on an ESTA/Visa Waiver Program] from departing from the United States within his or her period of authorized stay, the district director having jurisdiction over the place of [their] temporary stay may, in his or her discretion, grant a period of satisfactory departure not to exceed 30 days”.

USCIS has indicated that they may exercise their discretion and grant additional periods of stay for those with an ESTA entry and has directed them to request satisfactory departure from USCIS, through the USCIS Contact Center.

If you or anyone you know would like help applying for an immigration extension of stay,  change of status application, or any other immigration benefit, our experienced immigration lawyers in Boston are here to help.  Call to schedule an appointment today at: 617-303-2600 (ext.0) or fill out the online appointment request form. We continue assisting clients via telephone, email and video conference while the stay at home advisory is in effect in Massachusetts.

Stay safe,

Desmond P. FitzGerald &

The FitzGerald Law Company Team

Your Immigration, Criminal Defense and Personal Injury Lawyers in Massachusetts

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The information contained in this Web site is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.

Client Reviews and Testimonials

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I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm

I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm

I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm