02/03/2020

Following the coronavirus outbreak, flights from China would be funneled through just seven U.S. airports. The State Department issued its highest level do-not-travel advisory for China. Delta Air Lines Inc. and American Airlines Group Inc. suspended all flights to China to as late as the end of April. United Airlines will suspend service to Beijing, Shanghai and Chengdu from Feb. 6

Moreover, effective at 5:00 p.m. EST on February 2, 2020, the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended .

This rule shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

(iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

(iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

(v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

(vii)   any alien traveling as a nonimmigrant under section 101(a)(15)(C) or (D) of the INA, 8 U.S.C. 1101(a)(15)(C) or (D), as a crewmember or any alien otherwise traveling to the United States as air or sea crew;

(viii)  any alien seeking entry into or transiting the United States pursuant to an A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa;

(ix)    any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the CDC Director, or his designee;

(x)     any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees based on a recommendation of the Attorney General or his designee; or

(xi)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

How do you maintain legal status if you are in U.S.?

• My current status is going to expire in the next 3 months and my home country is mainland China;

File status extension application in U.S. As long as the application is submitted before the expiration of your current status, you can legally stay in U.S. waiting for the determination.

Example A: parents visiting U.S. holding B visa and the granted stay is going to expire. You could file I-539 extending their B, asking 6-month extension.

Example B: H1B visa holder and approaching expiration date. In addition, H-1B visa page showing the visa is expiring too. You don’t need to go back to China to renew your H-1B visa as H-1B visa expiration date does not control your stay in U.S. You could simply file H-1B extension in U.S. Please ask your lawyer if you are eligible for H extension.

• Is CoronaVirus a strong reason for status extension?

Yes. Due to the outbreak of this Novel and Deadly Coronavirus, it would put extreme hardship on any family if any member returns to maintain China. An extension of current status is a reasonable request, provided that you are eligible to extend your status.

• Is CoronaVirus along sufficient for my extension?

Although CoronaVirus is a strong reason, your extension still needs to meet other legal requirements in order to get an approval such as sufficient financial support for your stay, eligibility of requesting extension…etc

Example A: In B extension for parents, financial status document and statement from the individuals who provide room and board are required.

• Can I file a status change instead of extension?

Yes. As long as you meet status change requirements, you may change your status in U.S.

Example A: B visa holder has found a school and wants to continue study in U.S. You could submit I-539 to change your status from B to F.

Example B:  F visa holder has graduated and does not want to continue stay. You could submit I-539 to change your status from F to B.

How do you enter U.S. if you are outside of U.S. now?

• If I am not in mainland China, can I return?

If you are not in mainland China, your reentry will not be affected by this rule. You should schedule your visa application with local U.S. consular office instead of going back to China. Please follow the instructions of local office as different office has different rules.

Example A: H visa holder is in a conference in Europe. The original plan is to go back to China to get H visa. Suggest you change your plan and apply for H visa in local U.S. consular and reenter U.S. from Europe.

• If I am in mainland China, can I return?

If you are still waiting for your visa interview, you probably have to wait until U.S. consular office resumes its schedule as it canceled visa interview from Feb 3^rd to Feb 7^th. A longer cancellation should be anticipated.

If you already have a valid visa, you may need to go another place for 14 days before enter U.S. Please check if the quarantine place has travel ban for travelers from China.

Our advice to all of our clients and friends is to remain optimistic, and to contact a trusted attorney immediately if you face any disruptions. If you believe you will need to change your status or have any other concerns, we encourage you to reach out to Attorney Feng, who has helped numerous clients and can expertly assist you in all of your immigration needs. Your safety is our priority.