I am in the United States on Visa Waiver or ESTA and my Period of Admission is Expiring. What is Satisfactory Departure and how can I request this during the Coronavirus?

The Visa Waiver Program or ESTA (Electronic System for Travel Authorization) is a program that allows citizens from certain countries (38 countries) to apply for admission to the U.S. using a simplified process.  The applicant can use a web interface to answer certain questions and can be granted ESTA online. This contrasts to other countries where the applicants must go to a U.S. Consulate and apply for a B1/B2 visa. Visa waivers can be granted for a maximum of 90 days. For more information on this, please click here.

Due to the Coronavirus outbreak and the travel bans currently imposed on most of Europe, Iran, and China. Countries such as Canada have also closed its borders to non-citizens and permanent residents. Visitors who are in the United States at this time may find that they cannot find a way to leave the country before their current period of admission will expire. Usually, ESTA is strictly restricted to only 90 days of admission, however, in an emergency, the US government can grant a Satisfactory Departure. Please note, Satisfactory Departure is available depending on which port of entry the visitor entered the US from. Some of the main port of entries that this is available at are Boston, New York, New Jersey, Chicago, and more. Please speak to an immigration counsel to see if you have the option to use satisfactory departure. 

Satisfactory departure is an extension of admission period and is granted only in limited cases and for serious emergencies, such as hospitalization, or conditions that cause flights to be delayed or cancelled for more than 24 hours (weather, worker strikes, etc.). Otherwise, people visiting under the Visa Waiver Program may not stay beyond their initial 90-days.

These reasons are typically:

• Hospitalization emergencies, such as getting into a serious car accident on the way to the airport to leave the USA
• Inclement weather that cancelled the outbound flight
• Airport strikes
• Catastrophe events impacting your departure area.

Visitors who have entered the country through those two airports can contact the Deferred Inspections office at JFK, starting Monday, March 16, 2020, Monday – Friday, 9am to 4pm ET and request Satisfactory Departure for up to 30 days. Individuals or their attorneys will need to provide the affected individual’s name, Date of Birth (DOB) and passport information at the time of the request. Individuals and their attorneys may be asked to provide the original departure flight itinerary along with the new flight itinerary. Individuals and their attorneys are permitted to request Satisfactory Departure if the individual’s period of stay will expire in 14 days or less from the day he or she contacts JFK Deferred Inspections. If their period of VWP/ESTA admission has expired, the decision to grant satisfactory will be considered on a case by case basis.

To contact JFK Deferred Inspection to make the Satisfactory Departure Request use the numbers below:

(718) 553-3683 or (718) 553-3684 Monday – Friday, 9am to 4pm ET

We have provided a number of links with key immigration information related to the Corona Virus.

• Top 10 Covid-19 Immigration Questions
• Implications of Layoffs for employers who have employees on H-1B and/or E-3 Visas
• USCIS announces flexibility for request for evidence (RFE) and Notice of Intent to Deny (NOID)
• Information on Consular closures during Covid-19
• USCIS issues guidance on Remote 1-9 verification during Covid-19
• USCIS office closures due to Covid-19
• Can I apply for Unemployment Insurance Benefits while on a Visa?
• Canada/U.S. Border Closures
• USCIS announces temporary suspension of premium processing
• What can you do if your ESTA is running out? 
• Travel Ban for Europe
• Stimulus Bill (All 800 pages)
• Information on Small Business Loans related to the Stimulus package
• USCIS to accept scanned/reproduced signatures instead of “wet” signatures on immigration petitions and forms
• Implications of furlough or termination if you are on a TN visa
• Does the Stimulus Bill impact my immigration status? Is there a public charge concern?
• Understanding the Stimulus Package for Small Businesses and the Paycheck Protection Program
• Small Business Administration COVID-19 Loans