Some nonimmigrants in the United States who were unable to depart on schedule due to the Icelandic volcano eruption that closed airports in much of Europe may now be at risk of overstaying their status while they wait for flights to resume. In response to this problem, United States Citizenship and Immigration Services (“USCIS”) and United States Customs & Border Protection (“USCBP) have both provided guidance on what relief may be available to such travellers.

Unfortunately, the USCIS/USCBP guidance is more of a summary of existing procedures than an announcement of special relief procedures. For example, the USCIS/USCBP guidance states that visitors who have entered under the Visa Waiver Program (“VWP”) should contact the local office of either USCIS or USCBP to arrange for a temporary extension of their status. This is nothing new; the VWP already provides that, in emergency situations, USCBP/USCIS may extend the applicant’s status by an additional thirty days. However, at least both notices confirm that travellers may seek this VWP extension from USBCP at the airport rather than the local USCBP or USCIS office.

For all other nonimmigrants, the USCIS/USCBP guidance simply tells them about the normal procedure for extending their stay within the United States. It even states that applicants should apply at least 45 days before their authorized stay expires. The only positive news appears in the USCBP guidance; it states that while the USCIS notice recommends initiating the process 45 days in advance, USCIS is “providing guidance on how to handle these cases over this weekend” (whatever that means).