Some Small Options for Citizens of Chile

March 11, 2010

Two very strong aftershocks hit Chile today, right around the time of the inauguration of Chile's new president, Sebastián Piñera, in Santiago. Immigration lawyers at the Law Offices of J Craig Fong in Los Angeles have received a continuous flow of inquiries about any possible immigration benefits that might be made available to Chilenos. While el Presidente Piñera may have promised una nueva forma de gobernar, it is mostly business as usual with US Citizenship and Immigration Services. Some small developments:

* USCIS says that Chilenos may submit applications for extension of stay (EOS) or change of visa status (COS), even in cases where the individual's authorized stay on the I-94 has expired. Please note that USCIS does not say that all these applications will be approved. If a Chileno has been out of status in the USA for a very long period of time, it is not clear that filing a EOS or COS would be effective to fix things.

* Individuals may seek to extend a parole that has already been granted. Also, individuals may apply for expedited advance parole to exit and re-enter the USA. Be careful, because an advance parole is not a guarantee of re-admission, and an advance parole does not cure the problem of the 3-10 Bar which applies to persons unlawfully present in the USA for more than 6 months. If you exit the USA, and if you have been unlawfully present in the USA for more than 6 months, you may have serious difficulty getting another visa or legal resident status in the future.

* Chilean F-1 students can apply for Employment Authorization Documents (EADs) which will allow them to accept employment in the USA, if they can demostrate that they are experiencing economic hardship due to the earthquakes in Chile.

* Certain family immigration petitions can be expedited.

Many Chilenos have had questions about Temporary Protected Status (TPS), and it does not seem as if Congress is going to create a TPS for Chilenos. It is still a possibility, but if they have not done so by now, I am doubtful. If you have questions about your options, contact our office, or the office of an experienced immigration attorney. --jcf