Federal officials are closing a little-known loophole in immigration law which allows millions of foreigners to dodge penalties for overstaying their student or seasonal-work visas, Breitbart reports.
The prior 1997 rules did not start counting the length of a person’s overstay until a federal enforcement agency first formally recognized that the person had not gone home on time.
SUBJECT: Accrual of Unlawful Presence and F, J, and M Nonimmigrants
Since the creation of the U.S. Department of Homeland Security (DHS), USCIS has followed the former Immigration and Naturalization Service’s (INS) various policies on the accrual of unlawful presence. In 2009, USCIS consolidated its prior policy guidance in AFM Chapter 126.96.36.199
According to that policy-to be superseded by this policy memorandum-foreign students and exchange visitors (F and J nonimmigrants, respectively) who were admitted for, or present in the United States in, duration of status (D/S) started accruing unlawful presence on the day after USCIS formally found a nonimmigrant status violation while adjudicating a request for another immigration benefit or on the day after an immigration judge ordered the applicant excluded, deported, or removed (whether or not the decision is appealed), whichever came first. F and J nonimmigrants, and foreign vocational students (M nonimmigrants ), who were admitted until a specific date (date certain) accrued unlawful presence on the day after their Form I-94 expired, on the day after USCIS formally found a nonimmigrant status violation while adjudicating a request for another immigration benefit, or on the day after an immigration judge ordered the
1 See USCIS Interoffice Memorandum, “Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the Act” (May 6, 2009).
To read the complete Memo click here: www.uscis.gov
Under current law, once the overstay count reaches 180 days, the overstaying person is punished by getting locked out of the United States for the subsequent three years or ten years, or permanently. The penalties are written into federal law, making them easy to impose, easy to enforce and very difficult to avoid — and very painful for people who want to keep ties to business or family in the United States.
“USCIS is dedicated to our mission of ensuring the integrity of the immigration system. F [student], J [summer workers], and M [vocational-school student] 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.” ~ Department Homeland Security
President Trump laid into Department of Homeland Security (DHS) Secretary Kirstjen Nielsen during a White House meeting, as border crossings at the U.S.-Mexico border continue to skyrocket. RWT NEWS REPORT
President Trump, continues to grow even more frustrated by a spike in apprehensions at the border and other legal setbacks, blamed Nielsen Wednesday for failing to do enough to stop them, according to people familiar with the exchange.
Nielsen did not deny the meeting had grown heated in a statement Thursday evening, but said she shared the president’s frustrations.
Chris “Badger” Thomas is a Veteran who served our country as an Army Combat Medic.
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