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Opinion

Reliefs and remedies available to immigrants during disasters

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

Natural calamities like hurricanes Harvey and Irma, the still-raging California wildfires or the continuing terrorism concerns in other parts of the world can affect the immigration status and any pending petition or application you may have before the USCIS or the US Consulate. For example, you may be in the US on a tourist visa and your authorized stay is about to expire or already has, but conditions in your home country prevent you from leaving the US. Or you are required by the USCIS to submit additional documents but these cannot yet be obtained, or will never be obtainable, because of the calamity. Or that you may be required to appear for a consular interview but because of the violence or terrorism you fear for your personal safety and security. There are ways the USCIS can help you in these situations, just them know about it. Here are your options:

1.) Request for replacement of documents - If you lost your documents because of the disaster, you can request for replacement. You have to prove that you lost these documents because of the calamity.

2.) File for extension or change of status - If your authorized stay is nearing an end but you cannot leave the US on or before that date because your country's airports are closed due to war or earthquake damage, you should file an extension of status. Document your country's conditions, have somebody else sign an affidavit for you. Go to the website of the US Embassy of your country and check recent country reports and advisories. You need this information to show you need to file the extension in order to maintain your authorized stay.

3.) Inform the consular office or the USCIS if you cannot appear for an interview - Write, fax, or email them that you can't appear for the interview because of the calamity. Make sure you provide a direct link between the calamity and your inability to appear for the interview.

4.) Request for a waiver of fees - If due to the disaster you are unable to pay the filing fees, you can request the USCIS that your fees be waived. Though not all fees can be waived, it does not hurt to ask if you qualify.

5.) Request for expedited processing - You can request the USCIS to process your application faster than usual because of your pressing need in relation to the situation. If you want a green card replacement or an adjudication of your application for reentry permit as soon as possible, make sure you make this request to expedite together with your application.

To suffer the effects of a natural or man-made disaster is such a tragedy. We may feel helpless and hopeless to see all the loss and pain around us. These options pertaining to our immigration status are available in the hope it will ease the burden for those in need as far as immigration status is concerned. Always check the USCIS websites for updates on how they can better serve immigrants affected by calamities. I hope you take full advantage of it.

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