Major Changes to Accrual of Unlawful Presence Policy for Students
Beginning August 9, 2018, a new USCIS policy will change the way foreign students and exchange visitors accrue unlawful presence, which is how the U.S. defines time an individual spends in the country after his or her period of authorized stay has ended. Previously, accrual of unlawful presence would begin after an immigration judge or officer had found that a status violation occurred, or after the last day of admission when a length of time was specified. Now, the foreign national will begin accruing unlawful presence the day after an event determined to be a violation of status occurred. Unlawful presence can come with major consequences. If an individual is unlawfully present in the Unite States for more than 180 days, but less than one year, he or she is barred from re-entering the United States for three years. If an individual is unlawfully present for over one year, he or she is barred for ten years. The new policy will also apply to dependents of F, J, or M visa holders, in that if it is determined the F-1 student has violated status, the F-2 dependent would also be considered unlawfully present for the same duration of time.
Overall, this is a harsh and punitive policy that will have major repercussions on our nonimmigrant population. These determinations are notably harsher for nonimmigrants who have spent time in F, M, or J status. If found to be “unlawfully present,” possible consequences include revocation of status, inability to apply for permanent residence, and being barred from the United States. If you have any questions on whether this new policy will affect you, please do not hesitate to contact our office.
Changes to Green Card and EAD Delivery Policy
Beginning April 2, 2018, USCIS announced that it will begin destroying permanent residence cards, employment authorization documents, and travel documents returned by the U.S. Postal Service after 60 days if USCIS is not contacted by the document’s intended recipient to provide the correct address.
If you are moving, please be sure to update our office. USCIS also encourages applicants to report a change of address within 10 days of moving through its online system: https://egov.uscis.gov/coa/displayCOAInitForm.do.
TPS for Nepal will Terminate on June 24, 2019
Nepal joins El Salvador, Haiti, Honduras and Nicaragua in the list of countries for which Temporary Protective Status (TPS) has ended under the current administration. USICS has announced that TPS for Nepal will terminate on June 24, 2019. In order maintain TPS until then, those who have previously been granted TPS Nepal should re-register between May 22, 2018 and July 23, 2018. All applicants must file Form I-821, and can also request an employment authorization document by filing Form I-765. USCIS will issue new EADs with an expiration date of June 24, 2019 to those who timely re-register and apply for EADs. USCIS will automatically extend current EADs for 180 days, through December 21, 2018. If you, or anyone you know, needs assistance with this process, please feel free to contact our office.
Creation of SEVP Portal Allows International Students to Update SEVIS
When studying in the United States, international students had previously been required to notify their Designated School Official (DSO) of any changes in their personal or employment information within 10 days. Only then could the DSO update that student’s SEVIS record. Recently, in order to make the process of updating information easier, the Student and Exchange Visitor Program created the SEVP portal. This new portal will allow for F-1 students participating in post-completion OPT and M-1 students participating in practical training to report their personal and employment information directly to SEVP. This portal will allow students to play a role in ensuring their information is up-to-date, ensuring data integrity and relieving some responsibilities of the DSOs.
DOS Released June Visa Bulletin
The Visa Bulletin includes “Application Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. The DOS Visa Bulletin for June 2018 is available here.
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