Adhikari Law, Washington, DC, Jan 7, 2020. U.S. District Court for the Middle District of North Carolina held that U.S. Citizenship and Immigration Services (USCIS) had violated rulemaking procedure under Administrative Procedure Act (APA) when it issued a policy memorandum on August 7, 2018 which substantially changed existing immigration regulations.
USCIS new policy would have penalized international students for overstaying or violating the terms of their F, J or M visa status. The court decision permanently blocked from taking effect.
The proposed policy, if implemented, would have made unlawful presence for students and scholars on F, J or M visas will begin accruing the day after a student "stops pursuing a course of study" or "otherwise violates his or her immigration status, such as by working without authorization". By contrast, under the current policy, unlawful presence began accruing the day after the "Department of Homeland Security issued a formal finding of a status violation in the course of deciding a request for another immigration benefit" or "the day after a judge issued an order to exclude, deport or remove".
Earlier we had published a detail blog post about the proposed policy and changes.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice.
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