Immigration Issues after a Natural Disaster
Posted Nov 19, 2004
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If a natural disaster devastates the area where a foreign national lives, immigration issues may be put aside while more pressing and immediate concerns are addressed; like attending to injuries and whether one has adequate shelter or food. An example of a natural disaster would be a hurricane such as the four storms that hit Florida during 2004. At some point, however, the foreign national must also evaluate whether the natural disaster has created any immigration problems.
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Replace Missing Documents
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If any immigration-related identification documents were lost during the natural disaster, the foreign national must take steps as soon as possible towards having these documents replaced. While one may have the opportunity to collect important papers in the case of an anticipated natural disaster, there are some situations, such as earthquakes and tornadoes, for which one may not be able to plan in advance. Foreign nationals who lose the "green card" need to complete a Form I-90. For lost Employment Authorization Document (EAD) cards, a new I-765 application must be completed. For a new I-94 card, a Form I-102 must be filed. An I-824 application must be completed to obtain duplicate USCIS approval notices. The standard USCIS fees typically will apply. It is best to speak to a qualified immigration attorney regarding the forms that are needed as replacements for specific immigration documents. [Most USCIS forms are available online. These are accessible via MurthyDotCom.]
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People who lose passports must follow their countries' procedures to obtain new ones, generally through the embassies or consulates of their countries in the U.S. Each state also has its own process for replacing lost drivers' licenses or other state-issued documents.
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The sooner lost documents are replaced, the better. Lack of documentation may affect one's ability to drive, to travel, or to demonstrate the ability to work legally in the United States.
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Notify USCIS of Any Address Changes
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Natural disasters may require one to relocate either temporarily or permanently. Whenever a foreign national changes from one address to another, a Form AR-11 should be filed within 10 days of the move. If more than 10 days have passed, the form should be filed as soon as possible along with an explanation for the delay if the cause is recovery from a natural disaster. Filing the AR-11 is a legal requirement that is separate from any other address update. Form AR-11 may be sent via certified mail and proof of the filing should be kept in a safe place. In addition to filing the AR-11, if any immigration processes are underway, such as benefits applications, petitions, or immigration court proceedings, the foreign national must ensure that the proper service centers, district offices, or courts are notified. For some processes, but not all, contacting the National Customer Support Center (NCSC) and providing an address change will result in an address update at the office where an immigration process is pending. It is always important to verify that no additional action is required. One should not assume that contacting the NCSC and filing the AR-11 are sufficient.
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File at Earliest Opportunity after Disaster
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If the natural disaster delayed immigration filings, it is important to send those filings in as soon as possible, along with an explanation of the exceptional or extraordinary circumstances that caused the delay in filing. In some situations the USCIS and other immigration agencies are able to use their discretion to excuse late filings. One should never intentionally ignore a deadline and presume that it will be excused, however. Deadlines must be met, barring absolutely uncontrollable circumstances. Additionally, if circumstances such as a natural disaster prevent a filing, this will not justify unrelated delays. It is recommended that a foreign national who has a delay in an immigration filing speak with a qualified immigration attorney to determine the best possible avenue for obtaining relief and, if possible, excusing the late filing.
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Avoid Any Public-Charge Concerns
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There are limited resources available to assist foreign nationals with recovery from natural disasters. It is important to review program criteria to determine eligibility and to avoid the appearance of any false claims of U.S. citizenship that can cause serious, permanent, and irreparable harm to one's ability to legally remain in the United States. Generally, however, if a foreign national is able to obtain some form of emergency disaster relief, such relief will not cause the foreign national to be immediately designated as a public charge. It is important that foreign nationals avoid a public-charge designation, as this may prevent future trips to the U.S. or the ability to become a lawful permanent resident in the U.S.
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Conclusion
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At the earliest possible opportunity following a natural disaster, a foreign national must stop to evaluate whether any immigration implications have arisen during the natural disaster or in its aftermath. It is important that the devastation these events cause not spread to the immigration arena. While there is some flexibility in the immigration system that permits problems to be addressed, the longer the delay, the greater chance that a problem will arise or a delay will not be excused.