Enterline and Partners Consulting | info@enterlinepartners.com

Final Guidelines on Unlawful Presence for Students and Exchange Visitors

United States Citizenship and Immigration Services (USCIS) August 9, 2018 policy memorandum revises the calculation of unlawful presence of those under F, J, or M nonimmigrant visa status and their dependents during their stay in the United States.

Under the new memorandum, those holding F, J, or M visas who have failed to maintain their 2018 will have started to accrue unlawful presence on that day or on the earliest of the following:
nonimmigrant status before August 9,

  • If the DHS made a formal finding that the F, J, or M visa holder violated his or her nonimmigrant status: the day after the U.S. Department of Homeland Security (DHS) denied the request for an immigration benefit;
  • If the F, J, or M visa holder was admitted for a certain date: the day after the authorized period expired;

If an immigration judge ordered the F, J, or M visa holder excluded, deported, or removed: the day after the removal order is issued, regardless of whether or not the decision is appealed.

For those who failed to maintain their nonimmigrant status on or after August 9, 2018, unlawful presence begins on the earliest of the following:

  • The day after the F, J, or M visa holder no longer pursues the course of study or the authorized activity;
  • The day after the F, J, or M visa holder engages in an unauthorized activity;
  • The day after completing the course of study program, including any authorized practical training and any authorized grace period;
  • The day after the authorized period expired if the F, J, or M visa holder was admitted for a certain date;

The day after an immigration judge ordered the F, J, or M visa holder excluded, deported or removed, regardless of whether or not the decision is appealed.

To maintain nonimmigrant status, F, J, or M visa holders must be enrolled in a full-time course study or remain in the exchange program, not engage in unauthorized employment or other unauthorized activities, and complete the academic or exchange program in a timely manner or obtain an extension from the school or exchange program.

F, J, or M visa holders can accidentally or unknowingly violate their status through seemingly innocent activities. These activities include, but are not limited to dropping below a full course or working an hour over the allowed number of working hours. Those actions may then lead to a 3-year or 10-year ban since persons who accrues more than 180 days of unlawful presence in the U.S. is generally barred from returning to the U.S. for 3 years while a person who departs after accruing one year or more of unlawful presence is barred from returning for 10 years.

An application for reinstatement filed by an F and M visa holder not more than five months after they have been out of status may have their accrual of unlawful presence tolled while the application for reinstatement is pending with the USCIS. If the application is denied, the accrual of unlawful presence resumes on the day after the denial. If an F, J, or M visa holder’s application for reinstatement is ultimately approved, they will generally not accrue unlawful presence for the time that they were out of status.

This policy also affects the dependents of those who are studying or will study in the U.S. since the dependent’s authorized period of stay is contingent on the F, J, or M visa holder remaining in a period of authorized stay and ends when the F, J, or M visa authorized period of stay ends, or upon the dependent’s own conduct.

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

contact us today for more information

Latest News

visa k-1 bị từ chối

What Happens If My K-1 Fiancé(e) Visa Is Refused at the Interview?

The K-1 fiancé(e) visa interview is one of the final steps before a foreign fiancé(e) can travel to the United States and marry his/her U.S. citizen petitioner. If your K-1 fiancé(e) visa is refused following the interview, what should you do next? The answer depends on why the consular officer refused the K-1 fiancé(e) visa and whether the issue involves missing documents, administrative processing or another eligibility concern. At Enterline and Partners, our U.S. immigration attorneys can review the refusal, explain what it means for your case and help you determine the next steps. Common Reasons for K-1 Fiancé(e) Visa Refusals A K-1 fiancé(e) visa applicant must meet the eligibility requirements to the satisfaction of the interviewing consular officer. Problems can arise for many different reasons, including but not limited to: What Does a 221(g) Refusal Mean for a K-1 Fiancé(e) Visa? A refusal under Section 221(g) of the Immigration

Read more >

EB-5 Investors Face Significant USCIS Filing Fee Increases

Prospective EB-5 investors should consider filing before November 30, 2026, to avoid substantial increases in United States Citizenship and Immigration Services (“USCIS”) filing fees. The USCIS is implementing significant fee increases that will affect EB-5 investors, regional centers, and EB-5 investment projects. For EB-5 investors who are ready and eligible to file a Form I-526E, Immigrant Petition by Regional Center Investor (“Form I-526E”) before the new fees take effect. Form I-526E Filing Fees Will More Than Double The USCIS filing fee for an initial Form I-526E     is scheduled to increase from US$3,675 to US$7,850.  This represents an increase of US$4,175, or approximately one-hundred and fourteen percent (114%.) The separate EB-5 Integrity Fund fee which is required to be paid by an EB-5 investor filing Form I-526E will increase from $1,000 to $1,100. As a result, the total USCIS fees payable by an EB-5 investor when filing Form I-526E will increase

Read more >

What Are the Financial Requirements to Sponsor a Spouse from Vietnam or the Philippines?

When you sponsor your husband or wife for a U.S. immigrant visa, the government wants to see that there will be adequate financial support once your spouse becomes a lawful permanent resident (“Green Card Holder.”). For most marriage-based cases, this requires completing a Form I-864, Affidavit of Support (“Form I-864”) and showing that you meet the minimum income requirement that applies to your situation. Unfortunately, the rules can become more complicated when you live in Vietnam or the Philippines, earn income abroad, recently returned to the United States or cannot show that you have earned enough income on your tax transcripts. Understanding the Form I-864 income requirements to sponsor a spouse from Vietnam or the Philippines can help you identify those issues before they slow down your case. At Enterline and Partners, our U.S. immigration attorneys help clients in Vietnam and the Philippines understand these financial requirements and prepare for

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo