Iceland Volcano and Immigration Implications

The recent eruption of an Icelandic volcano has created travel chaos across Europe. Not only were persons stranded at various locations in Europe, but persons wishing to depart the United States and return to Europe and elsewhere abroad were forced to remain in the United States longer than expected. A nonimmigrant (e.g., H-1B, L-1,B-1, B-2 or Visa Waiver Program (VWP) tourist or business traveler) who cannot exit the United States before the expiration of his or her status may need to take immediate action to avoid being deemed an “overstay.” Persons deemed an overstay may face various sanctions. For example, a VWP business traveler may be found ineligible for future VWP visits to the United States. U.S. Customs and Border Protection has issued a travel advisory and United States Citizenship and Immigration Services has provided additional guidance.