Tag: Unlawful Presence
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Court Enjoins USCIS from Enforcement of Unlawful Presence Memo Impacting Students and Exchange Visitors
A Federal Judge has enjoined USCIS from enforcing a policy memorandum issued in August 2018 relative to the accrual of unlawful presence for nonimmigrant student or exchange visitors. The ruling found that the policy memorandum amounts to a “legislative rule” in violation of the Administrative Procedures Act because the government did not publish in the […]Read More -
Lawful Status, Authorized Stay and Unlawful Presence: Related, But Unique Concepts You Need to Know
Lawful status, period of authorized stay, and unlawful presence are all terms that in the immigration context, refer to related, yet unique concepts. It is crucial to understand these concepts as they can have a major impact on the success of one’s immigration case or petition. Lawful Status All U.S. citizens and U.S. nationals have […]Read More -
Crucial Changes to Unlawful Presence Regulations
The Foreign Affairs Manual (FAM) and the Foreign Affairs Handbooks (FAHs) are the comprehensive and authoritative sources for the U.S. Department of State’s (DOS) organization structures, policies and procedures. These resources convey codified information to DOS staff and contractors, so they can carry out their duties in accordance with statutory, executive and Department mandates. Recently […]Read More -
Could You be Unlawfully Present in the US? USCIS to Issue New Unlawful Presence Policy for F, J and M Nonimmigrants
If you’re currently in the U.S. as an F (student), J (exchange visitor) or M (vocational student) nonimmigrant, it is important to understand how USCIS determines and tracks the accrual of unlawful presence, because current methods are about to change. Current Policy According to the current USCIS policy, foreign students and exchange visitors (F and […]Read More