Entered the USA before corona outbreak

[Rosie91 93]

Hi everyone,

 

Not sure if there is already a topic opened about this. I booked my trip to the US on January 28th. Me and my husband (US citizen) stayed with my family in law in Florida, entered the usa on March 2nd.  From that day the Corona started to spread heavily and it resulted in to a canceled flight back home. There were no direct flights back home (netherlands) I either had to stop in Mexico or Spain, which I didn't feel comfortable with. ( I don't want to be stuck in a another country). We decided to travel up to New Jersey. New York offered direct flights back home. I booked one for the 3rd of April. You can guess, canceled. Now the spread has even gotten worse here in New Jersey, but also in my country. Everyone says the best thing for me to do is to stay until it gets better and I don't feel comfortable flying now at all. But I have to leave the country by June 2nd (ESTA). Since we have a pending CR1 visa, I don't want to overstay. But what happens if I get sick or there will be a complete Lockdown, here or in the Netherlands. Crossing the boarding in Canada or Mexico is impossible, they wont let you cross now. Anyone with a similar story with more answers than me? Please help me out.

[Quarknase 1,072]

4 minutes ago, Rosie91 said:

Hi everyone,

 

Not sure if there is already a topic opened about this. I booked my trip to the US on January 28th. Me and my husband (US citizen) stayed with my family in law in Florida, entered the usa on March 2nd.  From that day the Corona started to spread heavily and it resulted in to a canceled flight back home. There were no direct flights back home (netherlands) I either had to stop in Mexico or Spain, which I didn't feel comfortable with. ( I don't want to be stuck in a another country). We decided to travel up to New Jersey. New York offered direct flights back home. I booked one for the 3rd of April. You can guess, canceled. Now the spread has even gotten worse here in New Jersey, but also in my country. Everyone says the best thing for me to do is to stay until it gets better and I don't feel comfortable flying now at all. But I have to leave the country by June 2nd (ESTA). Since we have a pending CR1 visa, I don't want to overstay. But what happens if I get sick or there will be a complete Lockdown, here or in the Netherlands. Crossing the boarding in Canada or Mexico is impossible, they wont let you cross now. Anyone with a similar story with more answers than me? Please help me out.

Not a similar situation (I'm actually trying to leave the US to be with my husband abroad while we are waiting for embassies to re-open, but with similar little success on travels so far hehe), but there are two things that you can consider.

1/ If you need to go back home, you can reach out to the dutch embassy and they might be able to help. Most countries organize flights in the current situation, to bring "stranded" citizens home.

2/ If you are OK staying in the US for some time (say 8 months or so, depends on processing times), you could file I-485 for adjustment of status, and along with that you can file for employment authorization and advance parole (which, after approval, allows you to travel). Note on this option - while totally legitimate since you can prove that you had no intend to adjust status when you entered the US - you would abandon the application if you decide to travel after filing, before advance parole gets approved.

 

I hope this helps!

[Boiler 45,733]

https://www.theguardian.com/world/2020/mar/31/germany-charters-30-times-more-rescue-flights-for-citizens-than-uk

 

This mentions the major effort Germany is undertaking to repatriate its Citizens, I would anticipate Holland is doing the same. 2 couples I know recently flew back to the UK from Florida so there are some flights.

[Rosie91 93]

Just now, Boiler said:

https://www.theguardian.com/world/2020/mar/31/germany-charters-30-times-more-rescue-flights-for-citizens-than-uk

 

This mentions the major effort Germany is undertaking to repatriate its Citizens, I would anticipate Holland is doing the same. 2 couples I know recently flew back to the UK from Florida so there are some flights.

They do, the flights are super expensive (2000/4000$), and I already booked one and it got canceled. I only want a direct flight home. I don't mind staying longer, we have a place to stay and it prevent me and my hubby from being apart during these crazy times. Also I just don't feel comfortable traveling from one epi center to another. My issue is, what if I do get it and I would be sick for weeks, and than I need to overstay. My intention is to fly back in a month from now, when the prizes aren't that crazy and maybe things are looking a little bit better.

12 minutes ago, Quarknase said:

Not a similar situation (I'm actually trying to leave the US to be with my husband abroad while we are waiting for embassies to re-open, but with similar little success on travels so far hehe), but there are two things that you can consider.

1/ If you need to go back home, you can reach out to the dutch embassy and they might be able to help. Most countries organize flights in the current situation, to bring "stranded" citizens home.

2/ If you are OK staying in the US for some time (say 8 months or so, depends on processing times), you could file I-485 for adjustment of status, and along with that you can file for employment authorization and advance parole (which, after approval, allows you to travel). Note on this option - while totally legitimate since you can prove that you had no intend to adjust status when you entered the US - you would abandon the application if you decide to travel after filing, before advance parole gets approved.

 

I hope this helps!

Thanks for sharing this. I might try both options.

[designguy 1,179]

If you are already in the US just adjust status. No one knows how long this will take 

[Boiler 45,733]

If you overstay your VWP then you would need a Visa to be able to visit again.

[Quarknase 1,072]

5 minutes ago, Rosie91 said:

 

Thanks for sharing this. I might try both options.

The thing is, and I tried to explain this but might not have done a great job: It's either or. Going after both options is not really an option:

If you decide to opt for Adjustment of Status, you will change the process from CR1/IR1 (consular processing via NVC) to Adjustment from within the US via NBC (national benefits center). If you then decide to leave before you either have advance parole, or greencard in hand, your process is considered abandoned and you'll have to re-file from outside the country.

[Rosie91 93]

Just now, Quarknase said:

The thing is, and I tried to explain this but might not have done a great job: It's either or. Going after both options is not really an option:

If you decide to opt for Adjustment of Status, you will change the process from CR1/IR1 (consular processing via NVC) to Adjustment from within the US via NBC (national benefits center). If you then decide to leave before you either have advance parole, or greencard in hand, your process is considered abandoned and you'll have to re-file from outside the country.

No worries! Haha, i did understand. I mend I am going to explore both options. Maybe there is a possibility that they can change it to a b2 too.

[Boiler 45,733]

1 minute ago, Rosie91 said:

 Maybe there is a possibility that they can change it to a b2 too.

You are here on the VWP, not possible.

[Quarknase 1,072]

2 minutes ago, Rosie91 said:

No worries! Haha, i did understand. I mend I am going to explore both options. Maybe there is a possibility that they can change it to a b2 too.

Have you considered flying to Frankfurt and taking Deutsche Bahn from there? I'm German and I was just looking at flights today - you'll get nonstop from Newark to Frankfurt for approx. $400 - daily. And I have seen photos taken by friends - German trains are empty at the moment  

[geowrian 22,337]

55 minutes ago, Rosie91 said:

No worries! Haha, i did understand. I mend I am going to explore both options. Maybe there is a possibility that they can change it to a b2 too.

As noted, no COS is available for VWP entrants. It's AOS or leave.

[dothehustle 27]

15 hours ago, Rosie91 said:

My intention is to fly back in a month from now, when the prizes aren't that crazy and maybe things are looking a little bit better.

Thanks for sharing this. I might try both options.

Some countries are ending their repatriation efforts, so such a flight may or may not exist, and won't necessarily be cheaper/direct if it does exist.

[AnnaLee24 16]

Right now Atlanta has a flight out tomorrow to Amsterdam. If you are really looking to get back then I would lookup inbound flights to the airports in the Netherlands and see which ones are still running. Book off of that info. Flightradar24 is helpful.

[mrfrank1234 3]

KLM still has a daily flight, KL646, from JFK to Amsterdam! Return tickets are ~800 USD. If you only need a single ride just don't show up for the return flight

Edited April 1, 2020 by mrfrank1234

[Rosie91 93]

So, We called the embassy, ICE and ended up with the USCIS.

I finally have some answers, so for the ones that are looking for it too, here we go.

 

Normally: Extend your trip on a ESTA or Visa waiver can not be extended. We all knew this already.

HOWEVER: Due to the virus they have an exception. If you entered/booked your trip before the outbreak (which we did) and you have the intention to leave, by booking a ticket, show that your employed or have a house/rental in your own country, they can now give you an extension of 30 days on top of the 90 days. The USCIS will decided your eligibility within 48 hours. There is no online form you can fill in, you simple have to call the USCIS and schedule a phone appointment with one of the consultants. 

 

Everyone thank you for your help! It's not that we cannot fly back, we just don't feel comfortable yet and we can stay here with family as long as we need.

 

Mystery solved.

Edited April 1, 2020 by Rosie91