My son's passport was renewed in March 2020 and his i-94 expired on May 6th 2020. His i-94 date was only till passport validation date. I overlooked it and it's been 5 months now. I had a lot going on, shelter in place, lockdown, no travel, shifting houses, an ailing father in law visiting. I just missed considering i-94 extension thinking visa was valid till 2022. I and my wife have i-94 till 2022 and we are going to be soon eligible for AOS. What steps can I take to extend my son's i-94?
You may request a late extension on behalf of your son citing the reasons that you have given here.
USCIS instructions on the I-539 form for extension state that such can be accepted if:
1. The delay was due to extraordinary circumstances beyond your control; 2. The length of the delay was reasonable; 3. You have not otherwise violated your status; 4. You are still a bona fide nonimmigrant; and 5. You are not in removal proceedings.
Further instructions dealing with Covid-19 indicate further flexibility on the part of USCIS:
Under current regulations and as noted on our Special Situations page, if a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19.
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