Accrual of Unlawful Presence and F, J, Nonimmigrants - Updated 8/9/2018 (8pm) Via NAFSA website
USCIS published a draft policy memorandum on May 11, 2018. On August 9, 2018, 8pm, the USCIS Feedback Updates page then published final guidance. Some "date mechanics" regarding the August 9, 2018 effective date F, J, or M nonimmigrants who failed to maintain their nonimmigrant status before August 9, 2018 start accruing unlawful presence based on that failure on August 9, 2018, unless the individual had already started accruing unlawful presence under the prior policy.
- F, M, and J nonimmigrants who had violated status prior to August 9, 2018 and are still in the United States out of status as of that date should pay close attention to the unlawful presence clock that starts ticking on August 9, 2018 under the revised USCIS policy. 180 days from Thursday, August 9, 2018 is Tuesday, February 5, 2019, according to one common web-based date calculator.
- For example, let's say that an F-1 undergraduate student completed her bachelor's degree on May 15, 2018, and remained in the United States beyond her 60-day grace period without taking steps to extend or change her status, or apply for optional practical training or reinstatement, and is still in the United States on August 9, 2018. In this case:
- Although she has been out of status since about July 15, 2018 (the day after her 60-day grace period), unlawful presence for purposes of INA 212(a)(9)(B) will begin to accrue on August 9, 2018 under the new policy, since her status violation occurred before August 9.
- If she departs the United States within 180 days of August 9, 2018, she will not be subject to the INA 212(a)(9)(B) three-year bar, since she will not have accumulated 180 days of unlawful presence.
- Say she departs the United States on March 10, 2019, though. In that case, she will have accumulated more than 180 days of unlawful presence, and her departure will trigger the three-year bar under INA 212(a)(9)(B).
- Say she departs the United States on August 10, 2019. In that case, she will have accumulated a year or more of unlawful presence, and her departure will trigger the ten-year bar under INA 212(a)(9)(B).
F, J, or M nonimmigrants who fail to maintain nonimmigrant status on or after August 9, 2018 will begin accruing unlawful presence on the earliest of:
- The day after the F, J, or M nonimmigrant no longer pursues the course of study or the authorized activity, or the day after he or she engages in an unauthorized activity;
- The day after completing the course of study or program (including any authorized practical training plus any authorized grace period, as outlined in 8 CFR 214.2), unless he or she makes a timely application to extend or change status
The major difference between the May 11, 2018 draft memo and the August 9, 2018 final memo relates to the effect of filing an application for F-1 or M-1 reinstatement. Under the May 11 draft, if USCIS denied an F or M reinstatement application, the unlawful presence count would have related back to the original status violation that necessitated the reinstatement application. Under the August 9, 2018 final guidance, unlawful presence is not counted during the period that a timely-filed F or M reinstatement application is pending. To be considered "timely" for this purpose, the reinstatement application would have to be filed within 5 months of the status violation. If USCIS ultimately denies the application for reinstatement, the unlawful presence clock will start (or restart) as of the date USCIS denies the reinstatement. The timing of the reinstatement application is therefore important. The guidance says that unlawful presence is tolled while a timely-filed reinstatement application is pending. It has to be filed to be pending, though, so unlawful presence can accrue before the reinstatement is filed, be tolled while the app is pending, then start back up again where it left off if USCIS denies the application. For example, a student who waits 4 months after a status infraction to file reinstatement would only have two more months following a denial of the reinstatement before coming up against 180 days and the 3-year bar.It is not yet clear how this USCIS guidance will impact the policies of other agencies, for example:
- ICE, in its enforcement actions
- SEVP and DOS-EVP, regarding a student or exchange visitor's SEVIS record
- CBP, regarding admission to the United States in nonimmigrant status
- DOS-Consular Affairs, regarding eligibility for a nonimmigrant visa
Nor is it clear whether agency policy on visa cancellations under the INA 222(g) overstay provisions will be changed to incorporate USCIS' guidance on INA 212(a)(9)(B) unlawful presence.Because departure from the United States can trigger a 3 or 10-year bar on reentry, and given the serious consequences of the overstay and unlawful presence provisions, students should seek legal advice on the impact of these provisions from an experienced immigration attorney.
ISSS Information Sessions/ Appointments
Students with status violation concerns can email email@example.com to schedule an Status Advisory Appt. At this session, staff from UIW International Students and Scholars services will provide updates regarding how the new USCIS memo will affect you and refer you to an experienced immigration attorney.
Executive Order Updates:
- Statement from the University of the Incarnate Word
- Statement from Sisters of Charity of the Incarnate Word
- UIW Non-Discrimination Policy
Updated Executive Order - 12/04/2017
On September 24, 2017, President Trump issued Proclamation 9645 pursuant to Section 2(e) of Executive Order 13780, designating eight countries for partial or full restrictions on entry to the United States. The restrictions are country-specific, and tailored to the situation of each individual country.
The eight countries subject to the Proclamation are: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. On December 4, 2017, the Supreme Court of the United States stayed preliminary injunctions that had partially blocked the ban, which allows the government to enforce Travel Ban 3.0 on all 8 countries, pending resolution of the government's appeal to the Ninth and Fourth Circuits, and during any further SCOTUS proceedings. See NAFSA's Travel Ban Litigation Updates page for details.
Updated Executive Order - 6/26/2017
- On June 26, 2017, the U.S. Supreme Court partially granted the government's request to stay the Maryland and Hawaii district courts' preliminary injunctions. The decision, however, contains an important exception that upholds the injunction for individuals "who have a credible claim of a bona fide relationship with a person or entity in the United States." Most students and scholars, therefore, should continue to be exempt from the 90-day bar. The Supreme Court also granted the government's request for certiorari, and would hear the case on the merits at the start of the Court's next term, which starts in October. In the meantime, the Court has asked both parties to weigh in on the question of mootness, since the 90 days of the travel ban will have expired by the time the Court hears the case.
- June 1, 2017. Maryland and Hawai'i lawsuits - On June 1, 2017, the Justice Department petitioned the Supreme Court for a writ of certiorari, asking the Supreme Court to accept its appeal to uphold the travel ban. DOJ also filed an application for a stay of the District Courts' injunctions while the Supreme Court decides whether to grant certiorari to hear the case on the merits. A principal issue is whether campaign rhetoric and post-campaign statements were properly used as evidence that the order was intended to discriminate against Muslims. The administration is asking that the Supreme Court overturn the injunctions issued by both the Maryland and the Hawai’i District Courts. The government has filed:
- A petition for certiorari, asking the Supreme Court to accept its appeal of the lower courts' orders and to overturn the injunctions of those courts
- An application for an emergency stay of the injunctions while the Supreme Court decides whether to grant certiorari; if granted, this would reinstitute the travel ban immediately.
- The Supreme Court will first consider the application for an emergency stay, and could make that decision within about two or three weeks. The Court then will decide whether to hear the government’s full appeal. If the Court accepts the full appeal, the administration is asking that it be heard at the start of the Court’s next term, which starts in October. The Supreme Court case is Trump, et al. v. International Refugee Assistance Project, et al., docket number 16-1436.
Travel Advisory Pursuant to Executive Order 13769
Updates on Executive Order 13769 Section 3(c) 90-Day Entry Ban Litigation
In a June 26, 2017 decision, the U.S. Supreme Court partially granted the government's request to stay the preliminary injunctions. The decision, however, contains an important exception that upholds the injunction for individuals "who have a credible claim of a bona fide relationship with a person or entity in the United States."
Most students and scholars, therefore, should continue to be exempt from the 90-day bar. See NAFSA's Executive Order Litigation Updates to stay current.
Other sections of Executive Order 13780 that are not enjoined by court order became effective at 12:01 a.m. eastern time on March 16, 2017.
- From NAFSA EO 13769 Travel Advisory
Effective 9/5/2017, Deferred Action for Childhood Arrivals (DACA) is being rescinded. Please find the below Guide of on and off campus resources for current UIW DACA students:
Scams & Fraud Alerts
Dear Students and Scholars,
UIW International Student & Scholar Services (ISSS) have received reports that international students and scholars in the U.S. continue to be subjected to scams involving calls claiming to be someone from a government agency including the FBI, USCIS, IRS, the Bexar County Detention Center, University Police, and even 911. The caller will demand payment with a specific method such as wire transfer or gift cards to resolve an error with your record.
These calls are completely false. In some cases, the caller:
- Claims you did something wrong regarding your immigration status or taxes, and that you are going to be deported.
- Claims you are under surveillance, and that you cannot contact any other individual or go to any website to confirm this issue.
- They state that you must wire money to them to start an investigation, or to pay a fine, etc. and they ask you to provide other sensitive personal and financial information in the process including your Social Security Number, bank account information, and other identity documents.
Even if the caller already has a lot of information about you, do not share any additional personal or financial information such as your SSN, bank account, or debit/card information.
Stay informed and aware of U.S. Laws and systems:
- No government agency or agent will call you to demand payment over the phone.Even in cases where legitimate money is owed (such as taxes) the government will communicate with you in writing, not over the phone.
- 911 is not a number that you will receive a call from. The only time that 911 may legitimately show up as a number in your caller ID is in the case of a “Reverse 911” call (which will give safety information advising a threat in your area, and is usually a recorded message. Very similar to the RAVE Alert system).
- The government will not demand a particular method of payment (such as wire transfer, gift cards, etc.). There will be multiple methods of payment available.
- The government will not ask for your personal or financial information such as your SSN, bank account information, credit or debit card numbers over the phone.
- The government will not threaten arrest or deportation over non-payment.
- A government agent cannot remain anonymous- they must disclose badge information.
- Do NOT transfer any money or share any personal or financial details, even if the caller already has a lot of information about you.
- Try to get the name and contact number for whomever is calling, along with a badge number.
- HANG UP!!! Do not answer any additional calls from that number.
- Report it to the Federal Trade Commission at https://www.ftccomplaintassistant.gov/ If you receive an email are not sure if it is a scam, forward the suspicious email to the USCIS Webmaster at firstname.lastname@example.org. USCIS will review the emails received and share with law enforcement agencies as appropriate.
- Use UIW’s “Report an Incident” website immediately to report it to the university. If you need assistance completing the form, come to the ISSS Office.
- Email the ISSS office at email@example.com so that we are aware of current fraud scams and can alert other UIW students and scholars.
- Call University Police at 210.829.6030 to file a report. The police will most likely not be able to get you back your money if the money was already picked up after being wired. However the police report can be helpful in making other credit protection reports.
- Please also notify ISSS so that we are aware of current fraud scams and can alert other UIW students and scholars.
- If you gave someone your Social Security Number, report that to the SSA. Also read this publication for additional information.
- Monitor your credit. The Federal Trade Commission has developed an extensive guide to managing identity theft. Some of this you may not need if you are not noticing any fraudulent activity on your credit report, but you must check your credit report to be sure. You are entitled to a free report every year.
UIW strictly protects your status as an international student or scholar. Most often, identifying you as someone on a visa is an informed guess based on information that you have made public.
- Check your Linkedin and other job search accounts. Remove your phone number and address from any posted resume or summary of your work history. Leave only email.
- Check all other social media accounts, particularly if they are public. Remove your phone number for those accounts, and be careful with the personal information you post.
- NEVER post or share a photo of your immigration documents, visa, passport, driver license, tax forms or other government issued document.
- If any immigration documents are lost or stolen, report them Immediately
Other types of scams to be aware of:
Learn more about common scams and frauds at https://www.usa.gov/scams-and-frauds
Emergency assistance for UIW travelers
If you are an international student traveling abroad and are not permitted to enter the U.S., please contact the International Student & Scholar Services office at 210-805-5705 during regular business hours (8am–5pm). During non-business hours, contact University Police at 210-805-6030. The UIW Police will contact an International Affairs member immediately.
Reporting an Incident
The University of the Incarnate Word provides all students, faculty, staff, administrators, and San Antonio community members the ability to bring their concerns and observations to the attention of university officials through the use of the following reporting systems.
To report a student conduct, gender/sex discrimination, general complaint, administrative, department complaint, behavioral intervention, or academic issue, click on Report an Incident tab at www.uiw.edu/campuslife/reportanincidentorgeneralconcern.html.
If this is an emergency, call 829-6030 (on campus) or 911 (off campus).
ISSS Information Sessions/ Appointments
Students with travel concerns can email firstname.lastname@example.org to schedule an Travel Advisory Appt. At this session, staff from UIW International Students and Scholars services will provide updates regarding how the new Executive Orders impact immigration status for our current students and scholars.
UIW Support Offices
International Student & Scholar Services Office
International Student & Scholar Services (ISSS) provides support to international students, visiting scholars and exchange students in matters related to their non-immigrant status by complying with immigration rules and federal regulations. ISSS advisors know the demands connected with studying in another country and they support the education, social, and cultural dimension of international education at the University of the Incarnate Word. Contact ISSS at email@example.com or call 210-805-5705.
Counseling Services Center
The ever challenging demands of growth, change, and the expanding horizons of learning are at times stressful, and often require an adjustment of attitudes and coping skills. We are here to help you succeed! Our staff of professional counselors are dedicated to helping you reach your goals. Counseling services are available to students enrolled at the University of the Incarnate Word and its affiliate high schools. Consultation services are available to faculty, staff, and administrators. For more information, contact the Director of the Counseling Center, Dr. Christie Melonson at firstname.lastname@example.org. The Counseling Services Center is located in the Administration Building, Suite 438. For appointments, please make an appointment at 210-832-5656.