2018
Why The Proposed USCIS Memo on Unlawful Presence for F, J and M Nonimmigrants Will Cause More Trouble for Government Itself?
songmenglaw / 0 Comments /By Xiaojie (Marta) Meng, Deok (Doug) Song
On May 10, 2018, U.S. Citizenship and Immigration Services (“USCIS”) proposed a policy memo regarding the accrual of unlawful presence for F (student), J (exchange visitor), and M (vocational student) nonimmigrants. USCIS seeks public comment regarding the proposed changes until June 11, 2018.
The proposed changes unfairly applies the law and triggers unlawful presence accrual for unsuspecting F, J, and M nonimmigrants who may not reasonably know about technical violations of status until years after the fact. Also, the proposed rule is inconsistent with existing statutes, regulations, and interpretations. The new policy change will create unintended legal and practical problems for all interested parties, including the U.S. government, nonimmigrants in these status, and the general public associated with these individuals. Thus, we respectfully and strongly urge USCIS to reconsider the implementation of the proposed policy and withdraw the proposed memo to take more time to thoroughly review it.
