Rumor Check: Can USCIS Issue a Letter Certifying That a Stay Was Not Due to Personal Reasons?
This article examines an online claim that travelers stranded by COVID-19 flight cancellations can obtain a letter from USCIS certifying their stay is not due to personal reasons. It finds no official USCIS guidance for such a letter, stresses that it does not replace Form I-539, and explains that extension applications should be filed before the I-94 expires, with late filings under unforeseen circumstances submitted promptly with an explanation.
Recently, many websites have reposted a claim: a follower reported that, due to the ongoing COVID-19 pandemic, those needing to extend their stay could call USCIS and bring proof of flight cancellation to a USCIS office, where they would receive a letter (stating that their stay in the U.S. during this special period is not due to personal reasons).
The follower's feedback is vague: which USCIS office should one go to? What does the letter look like? How is the letter used after obtaining it? I have not found any official USCIS explanation on this. If USCIS has introduced new measures in response to the pandemic, I believe they would be announced on the USCIS website.
Does having this letter mean one no longer needs to file Form I-539 for an extension of stay?
Of course not!!! You must follow the extension procedures and file Form I-539 as usual. As long as your reasons are reasonable, the flight cancellation email is sufficient to show that your stay is unavoidable; there is absolutely no need for the extra step of obtaining a letter. These days everyone is trying to stay home—why would you go to USCIS? Moreover, USCIS offices are closed to the public, so who would you even see? See: {https://gonglue.us/53018}.
If you need an extension due to flight cancellation or other reasons, the correct approach is to file your application before your I-94 expires, as stated in USCIS instructions:
Under U.S. Citizenship and Immigration Services (USCIS) rules, a person may submit an application for an extension of stay by mail, or file online through USCIS ELIS, before the expiration date on Form I-94. As for late submissions, USCIS will excuse them only in certain very limited circumstances.
If you already knew your flight was canceled and needed to stay beyond your I-94 expiration but failed to apply for an extension in time, USCIS will consider it your fault. If force majeure prevented you from filing Form I-539 before your I-94 expired (for example, the flight was suddenly canceled the day before departure, or your I-94 has already expired, a previously filed extension is still pending, and now you need to file another extension due to flight cancellation), you should still file as soon as possible and explain the situation in your application letter so that USCIS is convinced it is due to "unforeseen circumstances beyond your control."
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