Featured News 2013 Temporary Relief for Nationals in the United States

Temporary Relief for Nationals in the United States

The USCIS graciously provides temporary relief for some individuals from foreign countries who are in the United States and are barred from returning to their home country because of an extreme hardship that has taken place in the country. This could be civil unrest in the country, or could a serious natural disaster that bars individuals from returning to their homeland.

When it comes to civil unrest, the USCIS has created a list of countries where civil unrest permits temporary relief in the United States. Somalia was recently included in that list because of the civil unrest that is affecting that country. In fact, Somalis in the United States were recently given a 18-month temporary relief extension allowing them to remain here for longer and continue to work and thrive in America.

The other common reason for temporary relief is for natural disasters. Recently, a typhoon swept through the Philippines, killing thousands of people and causing shocking damage to the islands. If you are a Filipino who was in the United States at the time of the typhoon, you may be issued temporary relief as you wait for the recovery of the country. Normally, the USCIS will require proof that you are eligible for temporary relief before granting your request.

Petitioners also need to evidence their inability to return home, and show that they were originally planning to leave for their home country on a scheduled date prior to an error which occurred. The situations which have affected the ability to travel must be extreme, and the USCIS will typically require that you prove the situation was completely beyond your control. For example, the devastating typhoon which hit the Philippines was a situation that could not have been controlled by any travelers, and therefore may be eligible as an excuse to receive temporary relief.

Temporary relief measures vary, and there are several different ways that the USCIS can provide temporary relief to nationals. One way is by a change or an extension of nonimmigrant status for an individual that is currently in the United States. Expedited adjudication and approval is sometimes granted to nationals for off-campus employment authorization. This is typically for students who are experiencing an economic hardship but are not capable of returning to their home because of difficulty.

The USCIS will also grand the expedited processing of immigrant petitions for immediate relatives of U.S. citizens and the relatives of lawful permanent residents whose priority dates are current. Expedited employment authorization is also sometimes granted when appropriate and necessary.

If you fall out of status but are held in the United States due to a national disaster in your country, the USCIS will be patient and try to work with you to give you the extension or change of status that you need to remain legal. In some cases, the USCIS will also waive any fees that are connected with filing in order to assist you in your case and make sure that you are not required to pay unfair amounts of money for something that wasn't your fault.

If you are hampered from heading back to your country of origin because of civil unrest or a natural disaster such as the recent typhoon, then you need to talk with a local immigration lawyer for more information. With the right attorney on your side, you may be able to prove your need for assistance and explain why you are a special situation. If you are still dealing with difficulties regarding your immigration status, be sure to get someone professional on your side to help you out!

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