The USCIS Special Situations Page

USCIS's Immigration Relief in Emergencies or Unforeseen Circumstances page (formerly called the "Special Situations" page) describes long-standing, preexisting options that might be of use in an emergency situation. The page states: "USCIS has discretion to take the following measures on a case-by-case basis upon request, if you have been affected by an unforeseen circumstance."

USCIS occasionally leverages the content on this page by linking to it in reminder messages crafted for specific emergency events. For example, see USCIS's archive page on Previous Special Situations.

The options on USCIS's current Immigration Relief in Emergencies or Unforeseen Circumstances page include:

• How to Create a USCIS Online Account
• Extensions and Changes of Status
• Options for Nonimmigrant Workers who Need to Extend Their Stay in the United States 
• Fee Waiver
• Document Replacement
• Employment Authorization
• Travel Authorization
• Failure to Appear for an Interview or Biometrics Appointment, or Failure to Respond to a Request for Evidence
• Expedited Processing
• Flexibility for Visa Waiver Entrants
• Immigration Paths
• Statelessness

Remember that these options generally do not establish eligibility outside regulatory restrictions, and are standard "evergreen" case-by-case options that are grounded in long-standing regulatory and policy provisions that were not created for particular emergency situations. Let's look at some of the more common ones.

Extension of Stay (EOS) and Changes of Status (COS) Applications, and the possibility of filing these late

Some nonimmigrants whose nonimmigrant status is currently valid might be eligible for a standard extension of stay (EOS) or change of status (COS), if they qualify under standard rules for those benefits.

The important thing to remember is that the options that USCIS lists on the Immigration Relief in Emergencies or Unforeseen Circumstances page generally do not alter the standard rules of eligibility. For example, you cannot file for an extension of stay on Form I-539 to extend H-1B status, a J-1 exchange visitor subject to the INA 212(e) two-year home residence requirement is not eligible for a change of status unless a 212(e) waiver is granted, etc. Also remember not to conflate related but very different concepts, e.g. there are important differences between nonimmigrant status, SEVIS status, and visa status.

Regarding the option of applying for EOS or COS late (beyond the applicant's currently authorized period of stay), USCIS has the authority to accept a late-filed EOS or COS application under 8 CFR 214.1(c)(4) (extension of stay) and 8 CFR 248.1(b) (change of status). Although a particular emergency situation will be a factor that USCIS will consider in late filing scenarios, the applicant's burden of proof is still high and USCIS makes decisions on a case-by-case basis. Applicants must still demonstrate that:

1. The delay was due to extraordinary circumstances beyond the control of the applicant or petitioner;
2. The length of the delay was reasonable and commensurate with the circumstances;
3. The applicant has not done anything else to violate their nonimmigrant status (such as work without USCIS approval);
4. The applicant is still a nonimmigrant (i.e., they are not trying to become a permanent resident of the United States); and
5. The applicant is not in formal proceedings to remove (deport) them from the United States

Applicants who need to assess the risks involved and who need assistance in meeting the high burden of proof should consult an experienced immigration attorney.

Visa Waiver Program entrants are not eligible for an extension of stay or change of status. However, on the Immigration Relief in Emergencies or Unforeseen Circumstances page USCIS reminds VWP entrants that "under current regulations, if an emergency prevents the departure of a VWP entrant, USCIS in its discretion may grant up to 30 days to allow for satisfactory departure. Please see 8 CFR 217.3(a). To request satisfactory departure from USCIS, a VWP entrant should call the USCIS Contact Center."

Fee Waivers

The USCIS Special Situations page says, "If you are unable to pay the fee for a USCIS service or benefit, you may request a fee waiver for certain forms by filing Form I-912, Request for Fee Waiver." Again, the possibility of requesting a fee waiver is a long-standing option for individuals whose financial situation warrants the request, and no special COVID-19 blanket fee waivers have been authorized. Applicants for a fee waiver must still qualify on a case-by-case basis, and can only request a filing fee waiver for the forms and situations listed in the Form I-912 Instructions. For USCIS fee waiver policies currently in effect see the USCIS Adjudicator's Field Manual (AFM) Chapters 10.9 and 10.10.

Employment Authorization

The USCIS Immigration Relief in Emergencies or Unforeseen Circumstances page lists two F-1 employment authorization programs under 8 CFR 214.2(f)(9):

• Severe Economic Hardship to F-1 Students Caused by Unforeseen Circumstances. Regulations at 8 CFR 214.2(f)(9)(ii)(C) allow a student in good standing who has been in F-1 status for one full academic year to apply to USCIS for off-campus employment authorization if they demonstrate "that the employment is necessary to avoid severe economic hardship due to unforeseen circumstances beyond the student's control," and that on-campus employment "is unavailable or otherwise insufficient to meet the needs that have arisen as a result of the unforeseen circumstances." Application is made on Form I-765 accompanied by the proper filing fee, an I-20 issued after the DSO recommends this employment type in SEVIS, and documentation that clearly establishes the student's unforeseen economic hardship. Employment under this provision cannot begin until the start date of an EAD issued by USCIS, after USCIS approves the application. Although emergency situations (like a natural disaster) that an individual applicant is facing might be a factor that USCIS considers, applicants must still fully document their individual financial situation, and USCIS will consider applications for this type of employment authorization only on a standard, case-by-case basis.
• Special Student Relief. Special Student Relief is available to F-1 students only if DHS publishes a notice in the Federal Register to activate the benefit for a specific group. Please see NAFSA's page on Special Student Relief for a list of currently active Special Student Relief notices.

Document Replacement

The standard methods of applying for a lost, stolen, or destroyed green card, Form I-94, or EAD card are available, and the Immigration Relief in Emergencies or Unforeseen Circumstances page says that applicants can also request expedited processing for the replacement of lost or damaged immigration documents.

Expedited Processing

Applicants who believe they might qualify for USCIS considering their request for a service or benefit more quickly can make that request when filing or after filing. Read more about expedited processing on the USCIS website. Also refer to USCIS Policy Manual, Volume 1, Part A, Public Services, Chapter 5, Requests to Expedite Applications or Petitions [1 USCIS-PM A.5] for USCIS's standard expedite policies that a requester would be expected to meet.

Explaining a Failure to Appear for an Interview or Appointment or to Respond to an RFE

The Immigration Relief in Emergencies or Unforeseen Circumstances page states, "If you did not appear for a scheduled interview or appointment, or did not submit evidence or respond to a notice or request in a timely manner for reasons directly tied to an unforeseen circumstance, you may show how the disrupting event affected your ability to appear for an interview or submit documents as required."