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The USCIS, ICE, CBP, Labor, and State Department Liaison Committee is pleased to provide practitioners with a summary of the federal government’s current accommodations for individuals impacted by Hurricane Ian.
1. EXECUTIVE OFFICE FOR IMMIGRATION (EOIR)
At this time, the EOIR (part of the Department of Justice) has committed to the following: Due to the impact of Hurricane Ian, the Miami, Krome, and Orlando Immigration Courts will exercise their discretionary authority to automatically accept late-filed documents for 30 calendar days, effective September 28, 2022. The Board of Immigration Appeals (BIA) will exercise its discretionary authority to automatically accept late-filed appeals, motions to reopen or reconsider, or accept late-filed briefs in cases arising from these Immigration Courts for 30 calendar days, effective September 28, 2022. Outside of cases arising from these Immigration Courts, pursuant to section 3.1(b)(6) of the BIA Practice Manual, the BIA will take into account the extenuating circumstances caused by Hurricane Ian when the Board receives requests to accept late-filed documents where the inability to meet the deadline was caused by the storm. Due to the inability to deliver mail to many individuals impacted by the storm, we are continuing to work with EOIR and the BIA on further relief.
2. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS)
We have implored USCIS, part of the Department of Homeland Security, to liberally extend deadlines and provide for satisfactory departure for those persons present in the United States on ESTA (Visa Waiver) impacted by Hurricane Ian. We are continuing to work with the agency and will provide updates as we receive them. At this time, they have our wish list and we expect to hear back from USCIS shortly. In the interim, please check this link for USCIS’ current policies for those individuals affected by natural disasters and other unforeseen circumstances who are seeking immigration assistance: https://www.uscis.gov/newsroom/alerts/immigration-help-available-to-those-affected-by-natural-disasters-and-other-unforeseen-circumstances-2
3. DEPARTMENT OF LABOR (DOL)
The Department of Labor has graciously made arrangements to forgive late filings in many cases. We are continuing to work with them.
https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/Hurricane%20Ian%20Disaster%20Guidance%20-%209-29-2022.pdf.
4. SENATOR MARCO RUBIO (FLORIDA SENATOR)
Senator Marco Rubio’s office has indicated that it will assist in expending nonimmigrant visa appointments for families of victims of Hurricane Ian who are abroad. The wait time for tourist visa appointments at most consulates is over a year. The applicant is instructed to schedule an appointment with the consulate and then contact Senator Rubio’s office. The applicant must provide Senator Rubio’s office with the nature of the emergency, any backup documentation (for example: property in the area impacted), the date and place of the scheduled visa appointment, and the attached consent form completed. Once the form is completed, please email the documentation to Casework@rubio.senate.gov with the subject line "Hurricane Ian Travel Assistance" so it may be identified and processed by their team in a timely manner.
The Committee thanks Tammy Fox-Isicoff, Esq. for her efforts in this matter.
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