Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

U.S. Federal Court Issues Injunction Against Uscis On Unlawful Presence For F M And J Visa Holders

Earlier this month, a U.S. Federal Court judge issued an injunction against the United States Citizenship and Immigration Services (USCIS) blocking an August 9, 2018 policy memorandum on accrual of unlawful presence of F, M and J nonimmigrant visa holders. You can read more about the policy memorandum at:

Final Guidelines on Unlawful Presence for Students and Exchange Visitors

In October 2018, several U.S. higher educational institutions sued the U.S. Department of Homeland Security (the department that oversees USCIS) arguing that the new policy memo providing guidance to determine unlawful presence was unlawful. The lawsuit contained the following allegations:

  1. The policy memo was issued without going through the required regulatory process;
  2. The policy change was arbitrary and capricious;
  3. The policy change conflict with the 1996 Immigration and Nationality Act which created the concept of unlawful presence;
  4. The policy change violated the right to Due-Process under the 5th Amendment of the United States Constitution.

As a result of the judge’s ruling, USCIS is enjoined from enforcing the August 2018 policy memorandum and must follow the previous rules promulgated in 1996 which entails that unlawful presence commences the day after a decision is made.

 

ENTERLINE & PARTNERS CONSULTING
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str, District 1, HCMC.
Tel: 0933 301 488
CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

United States Announces New Visa Policies Targeting Chinese Nationals

The U.S. Department of State (“DOS”) has announced a new set of visa policies aimed at increasing scrutiny of Chinese nationals seeking to enter the United States. In a press statement issued by Secretary of State Marco Rubio, the DOS outlined forthcoming measures that align with President Trump’s directive to prioritize national interests. Press StatementMarco Rubio, Secretary of StateMay 28, 2025 “Under President Trump’s leadership, the U.S. State Department will work with the Department of Homeland Security to aggressively revoke visas for Chinese students, including those with connections to the Chinese Communist Party or studying in critical fields. We will also revise visa criteria to enhance scrutiny of all future visa applications from the People’s Republic of China and Hong Kong.” The new policies reflect a coordinated effort between the DOS and the Department of Homeland Security. The focus is on visa revocations and revised criteria for applicants from the

Read more >

U.S. Consulate in Hong Kong Announces New Policy for Immigrant Visa Applicants

Beginning July 1, 2025, Immigrant Visa and K Fiancée Visa applicants who have not brought ALL the required documents to their interview will be turned away and required to reschedule their appointment. Applicants must present original civil documents, including police certificates, marriage and divorce certificates, and birth certificates, and make sure they have finished the necessary medical examination before the interview. Applicant will not be admitted to the Consulate for their interview and the interview appointment will be canceled if the medical examination is not completed. The goal of the new policy is to minimize delays brought on by incomplete submissions and have more efficient processing of immigrant and K-1 visas.  Applicants should thoroughly review the appointment instructions on the official consulate website. For questions or assistance with preparing your visa interview, please contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney. ENTERLINE & PARTNERS CONSULTING    Ho Chi

Read more >

Visa Restrictions On Travel Agencies Facilitating Illegal Immigration To The United States

Significant action is being taken by the U.S. Department of State to prohibit visas for owners, CEOs, and senior officials of Indian-based travel businesses that intentionally aid illegal immigration to the United States. This move demonstrates the Department’s dedication to upending international smuggling organizations and implementing U.S. immigration regulations. The U.S. Embassy and Consulates in India, India’s Consular Affairs and the Diplomatic Security Service, actively seeks out and targets anyone engaged in trafficking, smuggling, and illegal immigration. Through these initiatives, the Department hopes to hold people accountable for breaking U.S. laws, particularly those who assist illegal immigration. By refusing visas to important individuals in travel companies who intentionally assist illegal immigration, these limitations are a part of a larger strategy to disrupt networks of illegal immigration. The Department of State emphasizes that its immigration policy aims to punish individuals who take advantage of and threaten the U.S. immigration system in

Read more >
Vietnam
icons8-exercise-96 chat-active-icon