COVID-19: Lawsuit seeks extension of all filing deadlines for immigration applicants

A lawsuit has been filed against the Department of Homeland Security seeking automatic extension of immigration status for foreign nationals and suspension of filing deadlines for immigration applicants in the U.S.

Key points:

• The lawsuit, filed by the American Immigration Lawyers Association, asserts that immigration attorneys are unable to meet filing deadlines for their clients while complying with state-mandated shelter-in-place orders and closures of businesses and agencies that issue documents needed to support immigration applications.
• The group asks a federal judge to order the government to stop the clock on filing deadlines for all applications and responses that were due on or after March 1, 2020, and maintain the status quo as of March 1 until 90 days after the COVID-19 national emergency is lifted.

BAL Analysis: U.S. Citizenship and Immigration Services has taken modest steps to relax certain immigration rules during the national emergency, including for green card applicants, and the agency is expected to announce additional measures. BAL is closely watching the lawsuit and will report new developments as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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