COVID-19 Immigration-Related Updates March 18, 2020

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Mintz - Immigration Viewpoints

We provide the following information to assist our clients to keep track of some of the most salient Coronavirus-related immigration changes and developments:

Canada Closes U.S.-Canada Border

On March 18, 2020 the United States and Canada have agreed that effective on this date the countries are closing their 5,500-mile border to “all nonessential travel” including persons seeking to enter for tourism or for a recreation.   

Canada Prime Minister Justin Trudeau announced that Canada would close its borders to people who are not Canadian citizens or permanent residents.  U.S. citizens are exempt from Canada’s entry restrictions, but are required to self-quarantine for 14 days following their entry.

Beginning Wednesday, March 18th, international flights coming into Canada will only be accepted at four airports:  Pearson Airport in Toronto, Trudeau Airport in Montreal, Vancouver International Airport and Calgary International Airport.

The governments of both countries have promised to provide further details about what is considered nonessential travel and related considerations. 

USCIS Office Closures

  1. Effective March 18, 2020, U.S. Citizenship and Immigration Services (USCIS) is suspending in-person services at its Field Offices, Asylum Offices, and Application Support Centers (ASC). The suspension will be effective until at least April 1st and USCIS will provide limited emergency services. The suspended services include:

A.

  • Scheduled Naturalization Appointments and Naturalization Ceremonies
  • Scheduled Asylum interviews
  • Scheduled Biometric Appointments
  • Scheduled INFOPASS Appointments

USCIS Field Offices and USCIS Asylum Offices will send new Interview Notices with the new time, date, and location of the interview, appointment and/or event.

USCIS will continue to provide all services which do not involve contact with the public, such as evaluating and processing petitions and applications. As of now, there have been no changes to the cap-subject H-1B Registration and filing of cap-subject H-1B Petitions.

  1. Effective March 18, 2020 Immigration Courts are postponing non-detained Master Calendar Hearings through at least April 16, 2020.

Closure of Social Security Administration Field Offices

On Tuesday, March 17, 2020 the Social Security Administration (SSA) suspended face-to-face service to the public in its field offices. SSA Coronavirus update.  SSA encourages the public to request SSA services online or by calling its national 1-800 telephone number.  Field offices will offer in-person assistance only on a very short list of crucial services such as reinstatement of benefits in dire services, etc. 

Important Information for Persons Who Have Entered the U.S. in ESTA/Visa Waiver Status

Individuals admitted to the United States pursuant to ESTA (the Visa Waiver Program) are admitted to the U.S. for a 90-day period and normally they may remain in the United States no longer than 90 days.  The 90-day deadline is extremely strict and an overstay by even one day triggers very serious immigration consequences.

However if an emergency prevents someone in the U.S. in ESTA status from departing the United States within their period of authorized stay they may request a period of Satisfactory Departure for a period of up to 30 additional days if they have maintained their status and are still within their period of stay. 

If you have a business visitor who may be unable to depart the U.S. within his/her 90-day ESTA admission period, contact your Mintz immigration attorney for guidance and assistance.

Recent U.S. Consulate Closure Announcements

On March 17, 2020 the United States Embassy and all Consulates in Canada are cancelling all routine nonimmigrant visa appointments.  For the time being immigrant visa interviews are still being held at the Consulate in Montreal, subject to staffing capacity.

On March 17, 2020 the United States Embassy in London cancelled routine visa appointments and cancelled all visa appointments in Belfast.

Also on March 17, 2020 the United States Embassy in Japan announced that effective Thursday, March 19, 2020 it would suspend all nonimmigrant visa appointments.  In its announcement, the Embassy indicated that it would continue to hold immigrant visa appointments.  Visa applications that do not require an in-person interview will still be processed.   

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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