New Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitor

[UScitizenFilingforspouse]

Until it happened. Now he's after students. Couldn't bear the fact they didn't accrue unlawful presence with the D/S stamp on their I-94s. Incredible.

https://www.whitehouse.gov/presidential-actions/executive-order-enhancing-public-safety-interior-united-states/

[newacct]

Here's the link: https://www.uscis.gov/news/news-rele...hange-visitors

The PDF of the draft memo: https://www.uscis.gov/sites/default/...ntsMEMO_v2.pdf

Here's how to comment: https://www.uscis.gov/outreach/feedb...oranda-comment

[cenkbhdr34]

Here's the link: https://www.uscis.gov/news/news-rele...hange-visitors

The PDF of the draft memo: https://www.uscis.gov/sites/default/...ntsMEMO_v2.pdf

Here's how to comment: https://www.uscis.gov/outreach/feedb...oranda-comment

I am kinda confused. So what does it mean excatly by August 9,2018 whoever failed to maintain their visa ? What will happen whoever overstayed before that day ?

[azblk]

I am kinda confused. So what does it mean excatly by August 9,2018 whoever failed to maintain their visa ? What will happen whoever overstayed before that day ?

Basically it means the policy will change and starting on August 9th, People with d/s on their i-94 will begin to accrue unlawful presence like every one else if they violate their status an that the change is retroactive - meaning those already in violation will also begin to accrue unlawful status on that day.

[BayAreaCaliAOS]

?

Basically it means the policy will change and starting on August 9th, People with d/s on their i-94 will begin to accrue unlawful presence like every one else if they violate their status an that the change is retroactive - meaning those already in violation will also begin to accrue unlawful status on that day.

Sorry I?m a little lost about this new bill.
It doesn?t affect us right since we?re all filing for AOS?

[wimon]

Shocking change but expected from the current wh

Some question experts can help clarify the new rule? I didn?t see it mentioned in the rules themselves.

What is the implications to F1 visa who filed 485 with F2A while still in school. Now he graduated from school while 485 is still pending and didn?t apply for opt. AP EAD 485 all are stilll pending. Would he start to accrue unlawful presence after aug 9? Will it impact the 485 processing?

What if for any reason the 485 is denied in the future. Will the unlawful presence start counting on Aug 9th or still the day 485 is denied.

Super worried and annoyed here. They cut our legal immigrants? throat any chance they can.

[newacct]

What is the implications to F1 visa who filed 485 with F2A while still in school. Now he graduated from school while 485 is still pending and didn?t apply for opt. AP EAD 485 all are stilll pending.

No implications unless it is denied.

Would he start to accrue unlawful presence after aug 9?

No, because one does not accrue "unlawful presence" while AOS is pending, even if it is ultimately abandoned or denied.

Will it impact the 485 processing?

No. And "unlawful presence" is mostly irrelevant to AOS anyway. "Unlawful presence" is only relevant for the purposes of the 9B and 9C bans, and you have to leave the US to have either of these bans; and if you are outside the US, you are almost certainly not filing AOS, as you can only file AOS inside the US.

There is no bar to AOS for having "unlawful presence" -- people in the Immediate Relative category can AOS no matter how much "unlawful presence" they may have. And for people in family-based categories other than the Immediate Relative category, there is a bar to AOS for having been out of status at any time in the past (up to the filing of I-485), and it's this whether you have been "out of status" that really matters for AOS. If you were accruing "unlawful presence", it definitely means you were out of status; but you could also be out of status but not accruing "unlawful presence", such as F students or J exchange visitors who stay after the end of their program before this rule, or H1b workers who left the job but before their I-94 expired. If you were "out of status", even if you didn't accrue "unlawful presence", it still means you cannot AOS in a non-Immediate Relative category; that's why I say "unlawful presence" is not relevant for AOS.

What if for any reason the 485 is denied in the future. Will the unlawful presence start counting on Aug 9th or still the day 485 is denied.

When I-485 is denied.

[azblk]

I really don't understand what the goal of this policy change is. Is it to stop the minuscule number of overstaying students who go back to their home countries for consular processing if they can not AOS? Or is the end goal another policy change or legal change that makes overstaying or otherwise violating your status a felony thus making one inadmissible?

[UScitizenFilingforspouse]

I really don't understand what the goal of this policy change is. Is it to stop the minuscule number of overstaying students who go back to their home countries for consular processing if they can not AOS? Or is the end goal another policy change or legal change that makes overstaying or otherwise violating your status a felony thus making one inadmissible?

He is just placing a banana peel anywhere he can place a banana peel. He could focus on so many other issues. The average american can barely read. The homeless. When did you last see an immigrant panhandling? That's right... I said it.

I don't get it, either. Like you said, this change may not be significant BUT it might eventually become significant if additional changes are made down the line.

[wimon]

Thank you for the very detailed explanation. By far the most comprehensive one I ever read on this topic. The expertise level of this board exceeds that of many attorneys.

No implications unless it is denied.


No, because one does not accrue "unlawful presence" while AOS is pending, even if it is ultimately abandoned or denied.


No. And "unlawful presence" is mostly irrelevant to AOS anyway. "Unlawful presence" is only relevant for the purposes of the 9B and 9C bans, and you have to leave the US to have either of these bans; and if you are outside the US, you are almost certainly not filing AOS, as you can only file AOS inside the US.

There is no bar to AOS for having "unlawful presence" -- people in the Immediate Relative category can AOS no matter how much "unlawful presence" they may have. And for people in family-based categories other than the Immediate Relative category, there is a bar to AOS for having been out of status at any time in the past (up to the filing of I-485), and it's this whether you have been "out of status" that really matters for AOS. If you were accruing "unlawful presence", it definitely means you were out of status; but you could also be out of status but not accruing "unlawful presence", such as F students or J exchange visitors who stay after the end of their program before this rule, or H1b workers who left the job but before their I-94 expired. If you were "out of status", even if you didn't accrue "unlawful presence", it still means you cannot AOS in a non-Immediate Relative category; that's why I say "unlawful presence" is not relevant for AOS.


When I-485 is denied.

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It could be that he is picking up on the ones who have the weakest voices in Washington.

Less chance it will be blocked by the court system. And then he can tout to his base about how he?s mag again.

I really don't understand what the goal of this policy change is. Is it to stop the minuscule number of overstaying students who go back to their home countries for consular processing if they can not AOS? Or is the end goal another policy change or legal change that makes overstaying or otherwise violating your status a felony thus making one inadmissible?