Can you apply to extend your stay if your visa is expired (I-94 is not expired)

[kaga84 0]

Hello,

 

I'm trying to help many Peruvian immigrants that are finding themselves in difficult situations due to the COVID-19. Many people are stuck in the U.S. with B1/B2, J1, F1, H2B, L1 visas that are about to expire and have little to no knowledge of what to do. 

A little bit of background; due to the COVID-19, the Peruvian government decided to suspend all commercial flights into Peru and put the country in a mandated quarantine. The quarantine keeps being extended since March 15, 2020. As of today, the quarantine is supposed to end on May 28, but there are talks that it will be extended for another two weeks. The Peruvian Secretary of transportation has indicated that even though the quarantine may end in May 28, commercial flights will not resume until October 2020. There are no repatriation flights at this time. Which brings me to this particular case.

 

This person entered the US in a B1/B2 visa on March 9, 2020. Her original departure date was March 17, 2020. She could not depart on time because Peru closed their borders on March 15, 2020. Her I-94 expires on September 9, 2020. However her B1/B2 expired on March 23, 2020. She is trying to anticipate in the case she may need to stay longer than September 9, 2020, can she apply for an extension via I-539 even though her B1/B2 visa is expired? I tried researching for any documentation online, but I couldn't find any. If anyone can point me to the right direction, or know the answer to this question, it will be greatly appreciated. Thank you.

Edited May 19, 2020 by kaga84

[SusieQQQ 11,587]

As I recall the only requirement is that the passport is valid for the requested stay, not the visa.
I’d personally be surprised if flights have not restarted by September too, despite what the secretary said...

Edited May 19, 2020 by SusieQQQ

[WandY 430]

Can you provide a link to the transportation secretary stating no international flights until October? My brother is planning an August fishing trip to Cabo Blanco. The airlines and his Peruvian contacts say everything is good and not to worry.

[kaga84 0]

thank you, @SusieQQQ. I was also surprised when I heard the Secretary of Transportation said that in a televised interview. We are hoping commercial flights resume sooner though.

@WandY here is the link to the news, in Spanish https://peru21.pe/peru/coronavirus-peru-carlos-lozada-tenemos-previsto-levantar-el-cierre-de-fronteras-internacionales-en-octubre-coronavirus-pandemia-estado-de-emergencia-nacional-emergencia-sanitaria-noticia/ basically he said that domestic flight will resume in July or August along with Phase III of their reopening plan. International commercial flights will resume in October, contingent upon how and when countries in the region reopen their borders as well.