USCIS New Policy on Accrual of Unlawful Presence by Students and Exchange Visitors May23

USCIS New Policy on Accrual of Unlawful Presence by Students and Exchange Visitors

U.S. Citizenship and Immigration Services (USCIS) is changing how it calculates unlawful presence for F-1, J-1, and M-1 nonimmigrants and their dependents. These changes are designed to clarify how USCIS implements the unlawful presence grounds of inadmissibility.  In particular, individuals in F, J, or M status who fail to mai...

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USCIS Issues New Guidance on Notices to Appear Jul12

USCIS Issues New Guidance on Notices to Appear

On June 28, 2018, the United States Citizenship and Immigration Services (USCIS) provided This new guidance states that USCIS officers will now issues NTAs for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where an applicant is denied an immigration benefit and is unla...

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Notices to Appear and Harsh Consequences Possible for H and L Holders Jul16

Notices to Appear and Harsh Consequences Possible for H and L Holders

According to a recent USCIS will greatly expand its mandate for issuing NTAs without first consulting Immigration and Customs Enforcement (ICE). USCIS officers will now issue NTAs and thereby place individuals in removal proceedings upon the denial of an application or petition for immigration benefits if the individual is deemed re...

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New Guidance for No Request for Evidence or Notice of Intent to Deny Jul16

New Guidance for No Request for Evidence or Notice of Intent to Deny

On July 13, 2018, the United States Citizenship and Immigration Services (USCIS) provided a According to this new guidance, effective September 11, 2018, USCIS adjudicators will have full discretion to deny applications, petitions, and requests without first receiving a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID),...

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USCIS Postpones Implementation of Guidance on Notices to Appear Aug03

USCIS Postpones Implementation of Guidance on Notices to Appear

Previously, that the United States and Immigration Services (USCIS) provided regarding issuances of Notices to Appear (NTA). Specifically, this new guidance stated that USCIS officers would issue NTAs for a wider range of cases where the individual is removable and there is evidence of fraud, criminal activity, or where the applica...

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USCIS Issues Revised Final Policy Memorandum for Unlawful Presence Aug24

USCIS Issues Revised Final Policy Memorandum for Unlawful Presence

On August 9, 2018, the United States and Immigration Services (USCIS) published a related to unlawful presence. Effective August 9, 2018, nonimmigrants with F (student) and M (vocational student) visas who fall out of status and file in a timely manner for reinstatement of that status will have their accrual of unlawful presence sus...

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USCIS: “Cap-Gap” Work Authorization is Only Valid Through September 30 Oct11

USCIS: “Cap-Gap” Work Authorization is Only Valid Through September 30

foreign nationals who currently have F-1 status with a pending H-1B petition on October 1, 2018 are at risk of accruing unlawful presence if they continue to work on or after October 1 because their “cap-gap” work authorization is only valid through September 30. What is the Under current USCIS regulations, a...

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USCIS Temporarily Blocked from Enforcing New Unlawful Presence Rules May10

USCIS Temporarily Blocked from Enforcing New Unlawful Presence Rules

In August 2018, the United States Citizenship and Immigration Services (USCIS) published a that altered agency policy regarding the calculation of unlawful presence for F, J, and M nonimmigrants and their dependents. A federal district court judge has issued a nationwide preliminary injunction that prevents USCIS from implementing t...

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