ImmigrationHerald Posted May 12, 2018 Report Posted May 12, 2018 Department of Homeland Security estimated that a small percentage of F class non immigrants overstayed in fiscal year 2016 . Hence, USCIS posted a new Policy Memorandum on F-1 Students Status Violation for public comment over the next 30 days. The memorandum intends to change how USCIS calculates unlawful presence for F-1 students in “duration of status.” Meaning, to reduce the number of overstays and to improve how USCIS implements the unlawful presence ground of inadmissibility. Unlawful presence eventually leads to inadmissibility. As a result, consulates deny visa for individual trying to enter United States in future. However, in case USCIS formally found a violation. The student would not begin accruing unlawful presence until the day after the decision was made. In other words, the memo appears to allow retro active unlawful presence calculation. Read the full article : Policy Memo on F-1 Students Status Violation Quote
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