USCIS’ Change to How ‘Unlawful Presence’ Is Calculated Is Defeated in Court

By:Leslie Dellon

A federal district court stopped U.S. Citizenship and Immigration Services (USCIS) from drastically changing how the agency determines when a foreign student or exchange visitor is “unlawfully present” in the United States. “Unlawful presence” is defined by law as any time a foreign national spends in the United States after their authorized stay has ended.

Students and exchange visitors are often given “duration of status” while they’re in school or training. For years, USCIS’ policy for those admitted to the United States in duration of status was to begin counting unlawful presence from the day after an agency official determined they were out of status.

This way, the student or exchange visitor had a definite starting point to calculate the number of days they were unlawfully present. An individual who is unlawfully present in the United States for more than 180 days is subject to a penalty preventing them from returning to the United States for years.

More information https://www.inmigracionyvisas.com/a4753-Unlawful-Presence-Is-Defeated-in-Court.html

 

https://www.inmigracionyvisas.com/a4753-Unlawful-Presence-Is-Defeated-in-Court.html