There has been a crackdown on immigration, especially since President Donald Trump has been in office. There is a new policy that has been placed that puts certain students and exchange visitors at a serious risk of being barred from the United States.
If foreign students and exchange visitors accrue unlawful presence, depending on this amount of unlawful presence, they may not be eligible to re-enter the United States for years. If they are 18 years old or older and have accrued more than 180 days, but less than a year, then they will be barred for 3 years. If they have accrued more than 1 year, then they will be barred for 10 years.
The change in policy will impact how this unlawful presence is calculated. The new policy ignores existing limits on the accrual of unlawful presence. This unlawful presence usually does not begin until after the nonimmigrant’s period of stay ends. Now unlawful presence will be calculated as soon as an event occurs that the agency considers a violation.
This change in the policy will be effective starting August 9, 2018. This policy will directly impact foreign nationals or previously in academic student (F-1), vocational student (M-1), and exchange visitor (J-1) status and their spouses/ children in related dependent status.
According to Immigration Impact, “often individuals admitted as F-1 students or J-1 visitors are authorized to stay for the duration of their status. There are many different variables that affect the length of time that they would be authorized to remain in the United States. “
A great example that the Immigration Impact mentions is: If an F-1 student with duration of status has permission to work on campus but is only supposed to work for 20 hours a week goes over that by 3 hours, this is considered a violation. If an employer filed a specialty occupation petition for her, with a change of status request, USCIS could deny the change of status request simply because working those extra hours is considered a violation. She would begin to accrue unlawful presence the day after the violation. Depending on when she was denied the change of status, she could be barred for 3 or 10 years.
This change in policy is definitely a lot harsher, stricter, and particular. It can be easy to do something that considers you as technically “unlawful presence”.
Check out the source below to learn more!
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