Immigration Relief Available During Emergencies and Unforeseen Circumstances

By: Toni Ordona and Gladys Gervacio

United States Citizenship and Immigration Services (USCIS) acknowledges that unforeseen circumstances and emergencies can sometimes impact immigration proceedings. Individuals impacted by natural disasters, national emergencies, certain illnesses, or other unforeseen circumstances may be eligible for assistance. USCIS will determine eligibility on a case-by-case basis.

In order to ask for support, individuals who believe they qualify may contact the USCIS Contact Center. They will be expected to explain the unforeseen circumstances and how it relates to their immigration application, such as if important documents or evidence were lost in a flood or fire. Individuals who have already submitted a benefit request may provide the receipt number to help expedite the process.

If FEMA has declared a region a ‘disaster area’ and is providing public assistance to that location, USCIS will likely approve flexibilities for applicants residing there. Therefore, individuals should mention any applicable FEMA designation and provide any proof of residence within a ‘disaster area’ when they contact USCIS. However, FEMA designation is not required to receive assistance.

Individuals impacted by severe weather who have evacuated their homes and have a stable new address, should inform USCIS of the address change. This is to confirm all documentation and necessary notices are received on time. If an evacuation is temporary, it may be beneficial to contact the United States Postal Service to forward or hold mail.

Some examples of the assistance available are:

• Expedite requests
• Extensions and Changes of Status
• Fee Waiver
• Document Replacement
• Rescheduling appointment

If you believe you may qualify for assistance due to an emergency or unforeseen circumstance and would like more information before contacting USCIS, contact the trusted Chugh, LLP immigration team.