NC District Court Enjoins USCIS Unlawful Presence Policy

A North Carolina District Court judge issued a preliminary injunction that prevents the Department of Homeland Security (DHS) from implementing the USCIS policy enunciated in its memo entitled "Accrual of Unlawful Presence and F, J, and M Nonimmigrants," originally issued on May 10, 2018, and updated on August 9, 2018. The original memo would have penalized international students for overstaying their visas or violating status, even if they had done so accidentally. The policy would have applied to student non-immigrants (F status), exchange visitors (J status), and vocational students (M status).

A violation of status includes leaving school or working without permission. However, it was widely believed that the individuals potentially impacted by the enjoined policy would have had little to no warning that they had violated their status until it was too late to fix their situation. Under USCIS' original policy memo, individuals in F, J, & M status would have risked serious immigration consequences, including removal and the denial of future visas for extended periods due to even unintentional violations of status.

For more information, click here

Categories: Blog

Contact Us for a Consultation

Fill out our online form

Recent News

Mar
23
Starting on March 18 and lasting until at least April 1, USCIS offices are temporarily suspending all in person services in all of its field offices across the country in an effort to slow down the spread of COVID-19. USCIS will be sending out notice… Read More
Mar
23
On March 16, USCIS announced that it will temporarily be suspending premium processing services for the fiscal year 2021 cap-subject petitions. Petitioners who are filing cap-subject H-1B petitions will not be able to request premium processing when… Read More
Mar
18
Effective March 13, entry into the United States of all aliens who have been physically present in certain European countries (known as the Schengen Area) during the 14-day period preceding their entry or attempted entry into the United States is sus… Read More