Foreign nationals who violate their visa status can face serious consequences. Just ask Peter. Who is Peter? Okay, Peter is not a real person. He is a fictional foreign national who, to be clear, is not based on any of our clients (and any resemblance to a real person is entirely coincidental). Let’s say that Peter enters the United States as a B-2 tourist on December 5. The immigration officer processes his entry and Peter now has an I-94 (now electronic) with valid status until June 5.
Read moreForbes: “USCIS Uses Questionable 'Overstay' Report To Justify Policies”
On May 10, 2018, US Citizenship & Immigration Services (USCIS) issued a policy memorandum for public comment that changes how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status (including F-2, J-2, or M-2 dependents) who fail to maintain their status in the US. This updated policy, which will be effective August 9, 2018, is meant to align with President Trump’s “Executive Order: Enhancing Public Safety in the Interior of the United States.” Since USCIS’s announcement of the proposed policy change, many have expressed concern, calling it restrictive and unfair since it may result in international students who unknowingly violate their immigration status being barred from the US up to ten years. Importantly, respected demographer Robert Warren has disputed a key Department of Homeland Security (DHS) report, Fiscal Year 2016 Entry/Exit Overstay Report (released on May 22, 2017), that USCIS relies on to justify its proposed change of policy for students.
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