Chapter 1 - Purpose and Background
A. Purpose
Whether occurring in the United States or abroad, emergencies or unforeseen circumstances, such as natural disasters (for example, hurricanes, wildfires, or severe weather), national emergencies (for example, public health emergencies), or other circumstances (for example, terrorist attacks, mass shootings, system outages, or cyber attacks), may present unanticipated challenges to immigration benefit requestors.
Generally, USCIS may, in its discretion, implement certain flexibilities to assist benefit requestors during and after these events on a case-by-case basis. The degree to which USCIS may exercise discretion depends on the specific circumstances and applicable legal authorities. USCIS may also publicly announce the flexibilities and may issue guidance to ensure consistent application of these flexibilities.
B. Background
During or after an emergency or unforeseen circumstances, benefit requestors may experience various setbacks, including difficulties in obtaining documentation demonstrating eligibility for certain immigration benefits, being unable to receive notification of (or respond in a timely manner to) a USCIS-issued request or notice related to a pending benefit request, failing to appear for a scheduled appointment, or being unable to depart the United States before their authorized period of stay expires.
Benefit requestors may also experience unanticipated economic hardship, endure prolonged family separation, find that their USCIS-issued documents are damaged or destroyed, or find that they need to travel outside the United States because of the emergency or unforeseen circumstances.
Emergencies or unforeseen circumstances may also affect the operations of USCIS offices.[1] USCIS management officials may consider the operational requirements for implementing the flexibilities described in this part as they develop contingency plans in response to emergencies.
In response to certain emergencies or unforeseen circumstances, USCIS informs the public of the availability of various flexibilities.[2] If a benefit requestor seeks accommodation from USCIS based on the flexibilities referenced in this part, officers must follow corresponding guidance, including any guidance from USCIS headquarters related to the emergency or unforeseen circumstances.
C. Legal Authorities
- INA 103 – Powers and duties of the Secretary, Under Secretary, and Attorney General
- INA 291 – Burden of proof
- 8 CFR 103 – Immigration benefit requests; USCIS filing requirements; Biometric requirements; Availability of records
Footnotes
[^ 1] See Federal Emergency Management Agency’s Federal Continuity Directive 1, Federal Executive Branch National Continuity Program and Requirements (PDF), issued January 17, 2017, which provides guidance to federal executive branch departments and agencies for use in developing contingency plans and programs for Continuity of Operations (COOP). COOP planning is an effort to ensure that the capability exists to continue essential agency functions across a wide range of emergencies.
[^ 2] See USCIS’ Immigration Relief in Emergencies or Unforeseen Circumstances webpage.