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  • Uscis new policy

    https://www.uscis.gov/news/news-rele...hange-visitors

    ---------------------------------------------

    USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors
    Versión en español
    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 179 KB)changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.

    This policy aligns with President Trump’s Executive Order: Enhancing Public Safety in the Interior of the United States to enforce the immigration laws of the country and will go into effect on Aug. 9, 2018.

    “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. “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.”

    Individuals in F, J, and M status who failed to maintain their status before Aug. 9, 2018, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence, on the earliest of any of the following:

    The day after DHS denied the request for an immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
    The day after their I-94 expired; or
    The day after an immigration judge or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).
    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 an 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 expires; or
    The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).
    Individuals who have accrued 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 admission, depending on how much unlawful presence they accrued before they departed the United States. Individuals who have accrued a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the United States, and who then reenter or attempt to reenter the United States without being admitted or paroled are permanently inadmissible.
    ------------------------------------------------
    For exemple i came on J1 visa. And probably many of us here. Biggest question are we SAFE bcs we are in process of U VISA or NOT!
    ???????
    Aplicants who came to US on
    any student visa.
    Last edited by Bob; 05-18-2018, 04:02 AM. Reason: Bad explane

  • #2
    Simple answer is no. Nobody is safe until they have received deferred status or a u visa, whichever they get first. I have recently asked this and that is the answer I received. Do not by any means assume you are ok. However...there is some good news. If you have already submitted a U visa application and you are apprehended you will probably get a prima facie decision on your application. This is basically where ICE contacts USCIS and have them determine if you are likely to be approved. Hope that helps. But always speak to a lawyer about your specific case. But as far as it goes, the u visa application itself doesn't stop unlawful presence. Not until you get your DA.

    Comment


    • #3
      So if i get DA, it doesnt matter that i overstay my visa for 3 years?

      Comment


      • #4
        Originally posted by Leah View Post
        Simple answer is no. Nobody is safe until they have received deferred status or a u visa, whichever they get first. I have recently asked this and that is the answer I received. Do not by any means assume you are ok. However...there is some good news. If you have already submitted a U visa application and you are apprehended you will probably get a prima facie decision on your application. This is basically where ICE contacts USCIS and have them determine if you are likely to be approved. Hope that helps. But always speak to a lawyer about your specific case. But as far as it goes, the u visa application itself doesn't stop unlawful presence. Not until you get your DA.
        I didnt understand this prima facie? i aplly for u visa 2016. After my biometrics nothing yet.

        Comment


        • #5
          Prima facie...this is just a faster DA decision. If you are picked up by ICE and in holding you will probably have a lawyer and go to immigration court. ICE is meant to contact USCIS and have them look at your application. They make a decision on whether you have a legit case based on the application you submitted. Then ICE can choose to give you DA and release you until USCIS gets to your case. As for your overstay...you can apply for a waiver. If you are picked up by ICE the judge can make a decision. A waiver should have already been included in your application. That basically is asking for forgiveness for overstating. But until you get DA status you will continue to get more time as an overstayer and will remain deportable.

          Comment


          • #6
            Originally posted by Leah View Post
            Simple answer is no. Nobody is safe until they have received deferred status or a u visa, whichever they get first. I have recently asked this and that is the answer I received. Do not by any means assume you are ok. However...there is some good news. If you have already submitted a U visa application and you are apprehended you will probably get a prima facie decision on your application. This is basically where ICE contacts USCIS and have them determine if you are likely to be approved. Hope that helps. But always speak to a lawyer about your specific case. But as far as it goes, the u visa application itself doesn't stop unlawful presence. Not until you get your DA.
            I have submited waiver. I would probably need to wait 4 more years. But anyway i will apply tru marrige, my wife is Citizen now...

            Comment


            • #7
              Before anyone reads my last post and thinks it is a good idea to turn themself in to ICE. DO NOT DO IT.I said SUPPOSED for a reason. People have been deported even though they applied for U visas. They don't always contact USCIS. There is no guarantee you will get a U visa. And while all of this is happening you will probably remain detained in a detention centre. I also have been told that people are being charged with being in the country illegally and that is grounds to deny a waiver. So always get legal advice and do not assume ANYTHING will go the way it should. I am attaching an example for you

              https://www.google.com/amp/s/www.was...is-front-lawn/

              Comment


              • #8
                I will pray you get through. I considered marrying my partner who is American but it is just as complicated if not more. Be sure to get a lawyer becaise they can ask you to leave the country to adjust status at a consular office in your country. All the best.

                Comment


                • #9
                  Originally posted by Leah View Post
                  Simple answer is no. Nobody is safe until they have received deferred status or a u visa, whichever they get first. I have recently asked this and that is the answer I received. Do not by any means assume you are ok. However...there is some good news. If you have already submitted a U visa application and you are apprehended you will probably get a prima facie decision on your application. This is basically where ICE contacts USCIS and have them determine if you are likely to be approved. Hope that helps. But always speak to a lawyer about your specific case. But as far as it goes, the u visa application itself doesn't stop unlawful presence. Not until you get your DA.
                  Originally posted by Leah View Post
                  I will pray you get through. I considered marrying my partner who is American but it is just as complicated if not more. Be sure to get a lawyer becaise they can ask you to leave the country to adjust status at a consular office in your country. All the best.
                  To leave country if u are married to US citizen ? wtf

                  Comment


                  • #10
                    Yes. Why always best to get a lawyer. Marrying a citizen usually is a sure way to get green card BUT there is a difference between a permanent resident and a US national. If your wife got her green card and you apply it takes years. If you already out of status you have to remember that u visa will forgive it but most other visas don't. So it isn't straight forward. I can be wrong but from what I know you have to be in legal status to be able to adjust through marriage to a green card holder. If she is someone who was born here or is classed a national then there is no wait and you can adjust even if you overstayed.

                    Comment


                    • #11
                      Originally posted by Leah View Post
                      Yes. Why always best to get a lawyer. Marrying a citizen usually is a sure way to get green card BUT there is a difference between a permanent resident and a US national. If your wife got her green card and you apply it takes years. If you already out of status you have to remember that u visa will forgive it but most other visas don't. So it isn't straight forward. I can be wrong but from what I know you have to be in legal status to be able to adjust through marriage to a green card holder. If she is someone who was born here or is classed a national then there is no wait and you can adjust even if you overstayed.
                      I know a lot of cases adjusting through marriage to green card people who were not in legal status at all.

                      Comment


                      • #12
                        Originally posted by Leah View Post
                        Simple answer is no. Nobody is safe until they have received deferred status or a u visa, whichever they get first. I have recently asked this and that is the answer I received. Do not by any means assume you are ok. However...there is some good news. If you have already submitted a U visa application and you are apprehended you will probably get a prima facie decision on your application. This is basically where ICE contacts USCIS and have them determine if you are likely to be approved. Hope that helps. But always speak to a lawyer about your specific case. But as far as it goes, the u visa application itself doesn't stop unlawful presence. Not until you get your DA.
                        U visa is good but waiting period is too long... No driving licence no nothing. I am 2016 aplicant. Ill probably need to wait 4 more years to get DA....

                        Comment


                        • #13
                          I am not a lawyer but I do not speak anything unless I know facts. You can not adjust status if your spouse is a green card holder. Nothing I stated is based on assumption. There are always ways around the law and exceptions which is why I always state GET A LAWYER. As my info goes I am attaching one of many sources to confirm my comments. Only a spouse of a citizen can adjust status after being out of status. If the spouse of a green card holder is out of status they can not adjust. Not until the green card holder becomes a citizen.

                          https://www.nolo.com/legal-encyclope...apter12-1.html

                          Comment


                          • #14
                            Originally posted by Leah View Post
                            I am not a lawyer but I do not speak anything unless I know facts. You can not adjust status if your spouse is a green card holder. Nothing I stated is based on assumption. There are always ways around the law and exceptions which is why I always state GET A LAWYER. As my info goes I am attaching one of many sources to confirm my comments. Only a spouse of a citizen can adjust status after being out of status. If the spouse of a green card holder is out of status they can not adjust. Not until the green card holder becomes a citizen.

                            https://www.nolo.com/legal-encyclope...apter12-1.html
                            Yes you are right, I thought you were talking about citizen. My mistake

                            Comment


                            • #15
                              Originally posted by Bob View Post
                              To leave country if u are married to US citizen ? wtf
                              Yes, if you are married to a US citizen. And you applied thru marriage you have to go back to your home country for consular interview. If you are approved you'll be back within a week if not you'll have to wait until the matter is solved.
                              Also if you get denied. That's it, you are out of the country.

                              Comment

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