International Students May be Deportable on the First Day After Graduation: New USCIS Draft Policy

[Paidithalli]

International students may become deportable on the first day after they finish their course of study, in a new draft policy unveiled by U.S. Citizenship and Immigration Services May 11.

“USCIS is dedicated to our mission of ensuring the integrity of the immigration system. F, J, and M nonimmigrants are admitted to the United States for a specific purpose, and when that purpose has ended, we expect them to depart, or to obtain another, lawful immigration status,” said USCIS director L. Francis Cissna in a press statement unveiling the draft policy.

“The message is clear: These nonimmigrants cannot overstay their periods of admission or violate the terms of admission and stay illegally in the U.S. anymore,” said Cissna.

 

Doug Rand, former assistant director for entrepreneurship in the Obama White House who helped implement policies that affect foreign students, told India-West: “This is a pretty dramatic change that could affect more than 1.5 million people per year.”

“For generations, America has been the top destination for students from around the world, many of whom go on to contribute their talents to our economy and even become Americans over time.”

“We should be welcoming the best and brightest — if our country loses its luster, we will lose out on this extraordinary competitive advantage,” stated Rand, the co-founder of Boundless, a technology company that helps families navigate the immigration process. Rand said the proposed policy creates “massive uncertainty” for students who have no “nefarious reasons” for overstaying their student visas.

“I don't think that anyone believes that the government should turn a blind eye on visa overstays. There are ways to deter the relatively small percentage of students who deliberately and unambiguously overstay their visas, however, without creating major uncertainty for the vast majority who are trying in good faith to play by the rules,” he told India-West, adding that a policy memo should not be attempting to change existing law.

Currently, “unlawful presence” is accrued only after the Department of Homeland Security identifies an international student who has overstayed his F, J, or M visa. But under the new draft policy, individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:

• The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in unauthorized activity;
• The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
• The day after the I-94 (arrival and departure record) expires; or
• The day after an immigration judge, or the Board of Immigration Appeals orders them deported or removed, whether or not the decision is appealed.

Under the new policy, students who have already overstayed their visas and don’t have a pending application to change their status will begin accruing unlawful presence on Aug. 9.

 

Those who accrue more than 180 days of unlawful presence during a single stay, and then depart, may be subject to three-year or 10-year bars to re-entering the U.S., depending on how much unlawful presence they accrued before they departed the country, according to the new draft policy, which will have a 30-day comment period until June 9 before being implemented in early August.

Those subject to the three-year, 10-year, or permanent unlawful presence bars to admission are generally not eligible to apply for a visa, admission, or adjustment of status to permanent residence, said USCIS in the draft memo.

Rand explained to India-West that students who have applied for a change of status – such as H-1B – can remain in the U.S. until their application is approved, but cannot work. However, if an application is denied, under the new policy, unlawful presence would be applied retroactively.

Indian students have a low rate of overstaying their student visas, according to data released by the Department of Homeland Security. In 2016, almost 99,000 Indian students studying in the U.S. were expected to depart after finishing their studies; 4,575 overstayed their visas, according to DHS data.

India and China have the highest number of students enrolled in U.S. universities, but relatively low rates of visa overstays.

[WHAT]

edo CPT day1 use chesukunnavallaki kuda issue anta kda .... unlawful presense kindaki vastaru ee memo pass aithe ani andhi immigration girl aunty

[WHAT]

With the proposed USCIS New Policy Memo on F-1 Students and when Unlawful presence kicks in for Status violations, students living & working in US with CPT work permit post first masters degree are subjected as Unlawful immigrants from the day CPT is issued. Its consequences can be detain a person from 3-10 years from entering US. As per Memo, this is going to take effect from August 9 2018. The ONLY thing we can do is to send our comments via email to [email protected]. (https://www.uscis.gov/outreach/feedback-opportunities/policy-memoranda-comment)
Do not think, it is an attorney's job to send comments. We are more affected than attorney firms. Please take 5 min of your time to write your comments on how the proposed memo can be updated (recommendations, proposing changes the memo, memo implications from the date it is active etc. many such comments can be sent). Last day to comment June 11 2018.
Let's not wait for something to happen or someone to help us. Let's start sending our comments, an effort to change this memo.

Official USCIS Proposed Memo:
https://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft Memorandum for Comment/AccrualofUnlawfulPresenceFJMNonimmigrantsMEMO_v2.pdf
Same in a more readable article:
http://immigrationgirl.com/uscis-new-policy-memo-on-f-1-students-and-when-unlawful-presence-kicks-in-for-status-violations/
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p

[WHAT]

^ fwd chesaru grp lo 

[ARYA]

idi gani pedite universities khali itai 

[Paidithalli]

5 minutes ago, WHAT said:

^ fwd chesaru grp lo 

aa rume kuda sakkaga ardham katledhu.. first masters ki day cpt theeskunnodini 3 years debar antunnada ?

OPT/H1 ayipoyaka theeskunna candidates aa ? 

[Spartan]

to be eligible for CPT on F-1 ,

u should be a standard full time foriegn student for two semesters.

for state univ. for example, to be considered full time student, u need to have 3 courses per sem.

First Day CPT (even for the second masters) u r breaking the rule.. so adi ippudu official ga implement chestaremo.

 

no first day CPT for second masters.

 

[Paidithalli]

1 minute ago, Spartan said:

to be eligible for CPT on F-1 ,

u should be a standard full time foriegn student for two semesters.

for state univ. for example, to be considered full time student, u need to have 3 courses per sem.

First Day CPT (even for the second masters) u r breaking the rule.. so adi ippudu official ga implement chestaremo.

 

no first day CPT for second masters.

 

OK.

[kotigadu197]

2 hours ago, WHAT said:

With the proposed USCIS New Policy Memo on F-1 Students and when Unlawful presence kicks in for Status violations, students living & working in US with CPT work permit post first masters degree are subjected as Unlawful immigrants from the day CPT is issued. Its consequences can be detain a person from 3-10 years from entering US. As per Memo, this is going to take effect from August 9 2018. The ONLY thing we can do is to send our comments via email to [email protected]. (https://www.uscis.gov/outreach/feedback-opportunities/policy-memoranda-comment)
Do not think, it is an attorney's job to send comments. We are more affected than attorney firms. Please take 5 min of your time to write your comments on how the proposed memo can be updated (recommendations, proposing changes the memo, memo implications from the date it is active etc. many such comments can be sent). Last day to comment June 11 2018.
Let's not wait for something to happen or someone to help us. Let's start sending our comments, an effort to change this memo.

Official USCIS Proposed Memo:
https://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft Memorandum for Comment/AccrualofUnlawfulPresenceFJMNonimmigrantsMEMO_v2.pdf
Same in a more readable article:
http://immigrationgirl.com/uscis-new-policy-memo-on-f-1-students-and-when-unlawful-presence-kicks-in-for-status-violations/
------------
p

Iyyala anni watsapp groupullo idhe message, cheddilu thadisipothunnayi, yepudu em aithadho ani. already reddy n neuman gallu confirm chesaru, cpts are in danger ani 😢

[Kontekurradu]

Oh, UK lo ee rule 2014 lone pass chesinattunaru, 
 

Antak mundu, Student Visa 3 years isthe, nee course 1.5 years lo ayipothe, you can work get a letter form UNI and work full time. for the remaining visa period, aa tarvatha Status change chesukunevallu. 

Ippuud, neeku visa vunna, once course finish ayithe with in 60 days you has to leave UK, Graduation cermony ki ravali ante, you has to apply, Visa again. 

Stoke-on -trent ane area lo 2014 time lo UKBA allu, full raiding chesi chala mandini pampinchi dengaru, even  it they had Valid VISA. 

[Biskot]

1 hour ago, Kontekurradu said:

Oh, UK lo ee rule 2014 lone pass chesinattunaru, 
 

Antak mundu, Student Visa 3 years isthe, nee course 1.5 years lo ayipothe, you can work get a letter form UNI and work full time. for the remaining visa period, aa tarvatha Status change chesukunevallu. 

Ippuud, neeku visa vunna, once course finish ayithe with in 60 days you has to leave UK, Graduation cermony ki ravali ante, you has to apply, Visa again. 

Stoke-on -trent ane area lo 2014 time lo UKBA allu, full raiding chesi chala mandini pampinchi dengaru, even  it they had Valid VISA. 

 Jai Balaya  

[Kontekurradu]

11 minutes ago, Biskot said:

 Jai Balaya  

JAI BALAYYA ani gettiga anukunaa, anduke deport avvakunda inka edane vunna 

[xano917]

10 hours ago, kotigadu197 said:

Iyyala anni watsapp groupullo idhe message, cheddilu thadisipothunnayi, yepudu em aithadho ani. already reddy n neuman gallu confirm chesaru, cpts are in danger ani 😢

Nice happened ... alage h1 kuda ban chesthey sariporhundi

[Biskot]

22 minutes ago, Kontekurradu said:

JAI BALAYYA ani gettiga anukunaa, anduke deport avvakunda inka edane vunna 

good good, balaya  blessing unai neku........ ninnu avaru touch cheya leru..

[Kontekurradu]

20 minutes ago, Biskot said:

good good, balaya  blessing unai neku........ ninnu avaru touch cheya leru..

Touch cheyyali ani anukunt,e maa Balayya rangam loki diguthadu 

Inka dabbidi dibbide