Update on New Policy on Accrual of Unlawful Presence
This is an update to the New Policy on Accrual of Unlawful Presence post by OIS. A group comprising of a few colleges and universities, a teachers union, an international student club, and a couple of students banded together to file a lawsuit against Department of Homeland Security (DHS) back in October 2018 (Guilford College et al. v. DHS case). To summarize, the members’, referred as plaintiffs, argument in this case is that the August 2018 Policy Memorandum is harmful to F, J, and M students as it changed the way that that those in F, J, or M status would accrue “unlawful presence” once a violation of status has occurred or denial of USCIS request has been denied. The accrual of unlawful presence of 180 days or more could result in 3 or 10 year bars from re-entry to the United States. An example of the August 2018 policy would be if an individual was denied their request for reinstatement with USCIS, the date of the original violation that put someone out of status, would be the date that unlawful presence begins to accrue. Prior to August 2018, the date of denial of a reinstatement request from USCIS, would be the date that the individual would be considered out of status.
On May 3, 2019, a judge in North Carolina temporarily prevents U.S. Citizenship and Immigration Services (USCIS) from enacting on the August 9, 2018 Policy Memorandum with regards to unlawful presence of those foreign visitors in F, J, or M statuses.
“The Court therefore concludes that, under the circumstances of this case, a nationwide preliminary injunction is appropriate. Defendants [DHS] shall be enjoined from enforcing the policy set forth in the August 2018 Policy Memorandum, in all its applications nationwide, pending resolution of this lawsuit.”
An injunction is a temporary halt to the current policy and return to what was the standard procedures prior to the policy. The temporary injunction will only last until a final decision has been rendered for the ongoing lawsuit. For more information on this case can be found on the NAFSA website.
International visitors at UT Health San Antonio need to make sure that they maintain their status. If there should be any questions about one’s status, please contact your designated International Services Representative in the OIS. When in doubt, reach out! We are here to assist you during your stay at UT Health San Antonio.
OIS is monitoring the changes and will provide updates as they are made available.
How do our international visitors maintain their status?
- Read more for F-1 Students and F-1 Students on OPT
- Read more for J-1 Exchange Visitors