Updates

COVID-19 Related Travel Restrictions

Oct 25, 2021 - Advancing Safe Resumption of Global Travel During the COVID-19 Pandemic and CDC’s Order

Resourced from NAFSA

Presidential Proclamation 10294 of October 25, 2021, Advancing the Safe Resumption of Global Travel During the COVID-⁠19 Pandemic, effective November 8, 2021, will lift the four current geographic travel ban restrictions, and replace them with a global requirement that "noncitizens who are nonimmigrants" traveling to the United States by air from any part of the world establish that they are fully vaccinated, with some limited exceptions.

A separate CDC order will also continue to require all air travelers to show results of a negative coronavirus test performed on a specimen taken three days (if fully vaccinated) or one day (if not fully vaccinated and entering under an exception) preceding their flight's departure from a foreign country traveling to the United States.

"Noncitizens who are nonimmigrants" who are traveling by air will have to show both the negative COVID viral test and documentation that they are either fully vaccinated or are eligible for an exception to the vaccination requirement.

In a separate but related announcement, the controls on non-essential travel through land ports of entry on the Canadian and Mexican borders will also be modified.

This will be effective for passengers on planes that depart from their foreign destination at or after 12:01 AM Eastern Time on November 8. Foreign national air travelers to the United States will be required to be fully vaccinated and to provide proof of vaccination status prior to boarding an airplane to fly to the United States, with only limited exceptions.

You are considered fully vaccinated only if it has been:

2 weeks (14 days) after your dose of an accepted single-dose COVID-19 vaccine.
2 weeks (14 days) after your second dose of an accepted 2-dose series COVID-19 vaccine

What does it mean to test “3 days before departure”?

The test must be administered no more than three calendar days before the date of the international flight to the United States.
So, if a traveler is departing for the United States at 10 PM on January 19, they would have to present a negative test result for a test that was taken any time after 12:01 AM on January 16.

Table references:

Qualifying COVID-19 vaccine candidates that meet CDC criteria for the exception

List of Foreign Countries with Limited COVID-19 Vaccine Availability (current through October 25, 2021)

Fact Sheets and helpful links:

Fact Sheet: Biden Administration Releases Additional Detail for Implementing a Safer, More Stringent International Air Travel System

CDC Technical Instructions for Implementing Presidential Proclamation Advancing Safe Resumption of Global Travel During the COVID-19 Pandemic and CDC’s Order

Revocation of Geographic COVID-19 Proclamations

Presidential Proclamation 10294 of October 25, 2021 will replace the current geographic travel ban restrictions with the new air travel vaccination requirements, which will be applicable not only to travel from one of the countries formerly subject to a geographic travel ban, but to travel to the United States by air by nonimmigrants from any part of the world.

Section 1 of Proclamation 10294 officially revokes all four geographic COVID-19 proclamations effective November 8, 2021, including:

Proclamation 9984 of January 31, 2020 ( China), which restricted the "entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States," unless exempted or otherwise excepted.
Proclamation 9992 of February 29, 2020 ( Iran), which restricted the "entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran, during the 14-day period preceding their entry or attempted entry into the United States," unless exempted or otherwise excepted.
Proclamation 1014 of January 25, 2021 which restricted entry into the United States, as immigrants or nonimmigrants, "of all aliens who were physically present within" South Africa, the European Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil, unless exempted or otherwise excepted.
Proclamation of 10199 of April 30, 2021 (India), which restricted "the entry into the United States, as nonimmigrants, of noncitizens of the United States ("noncitizens") who were physically present within the Republic of India during the 14‑day period preceding their entry or attempted entry into the United States" unless exempted or otherwise excepted.

Section 4(d) of Proclamation 10294 directs the Departments of State, Transportation, and Homeland Security to consider revising or revoking their respective agency's regulations, guidance documents, and policies that are inconsistent with the policy set forth in the proclamation:

"(d) The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamations 9984, 9992, 10143, and 10199 and, as appropriate, shall consider revising or revoking these agency actions consistent with the policy set forth in this proclamation."

The four COVID-19-related geographic proclamations will continue to limit entry to the United States of individuals subject to those proclamations until 12:01 a.m. eastern standard time on November 8, 2021.

Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak (6/22/2020)

Final Rules on Public Charge Determinations

Source: https://www.nafsa.org/regulatory-information/final-rules-public-charge-determinations

Updates :

On March 14, 2020, USCIS placed a Coronavirus alert on its public charge page , that begins: "USCIS encourages all those, including aliens, with symptoms that resemble Coronavirus Disease 2019 (COVID-19) (fever, cough, shortness of breath) to seek necessary medical treatment or preventive services. Such treatment or preventive services will not negatively affect any alien as part of a future Public Charge analysis."

Agency announcements of February 24, 2020 implementation of public charge rules and forms:

USCIS announced that it implemented its public charge rule on February 24, 2020 in all states, including Illinois. USCIS has updated its Policy Manual at Volume 8 Part G (Public Charge Ground of Inadmissibility) and Volume 2 Part A Chapter 4 (Extension of Stay and Change of Status)

DOS announced that it implemented its own public charge form and rule on February 24, 2020. DOS updated its Foreign Affairs Manual at 9 FAM 302.8 to instruct consular officers on how to apply the DOS public charge rule to applicants for nonimmigrant and immigrant visas. DOS also released a new form DS-5540 Public Charge Questionnaire to collect relevant information from applicants for immigrant visas and, in certain circumstances, applicants for nonimmigrant visas.

On January 27, 2020, the U.S. Supreme Court lifted an October 11, 2019 nationwide preliminary injunction that was preventing the administration from enforcing its public charge rule, except for Illinois. On February 21, 2020, the Supreme Court also lifted the preliminary injunction in Illinois , the final state where a preliminary injunction was still in effect. DHS is now permitted to implement and enforce its public charge rule nationwide on February 24, 2020.

New Department of Homeland Security (DHS) and Department of State (DOS) public charge regulations were originally scheduled to go into effect on October 15, 2019. A preliminary injunction issued by the U.S. District Court for the Southern District of New York and other district courts halted enforcement of the DHS rule. On January 27, 2020 and February 21, 2020, however, the U.S. Supreme Court lifted the injunctions in 5-4 votes, allowing DHS to enforce its rule nationwide. USCIS announced that it implemented its Inadmissibility on Public Charge Grounds final rule on February 24, 2020 . DOS also announced that it implemented its own public charge form and rule on February 24, 2020.

The new rules require DHS and DOS to consider the totality of the circumstances and make a prospective, forward-looking determination of whether applicants for an immigrant or nonimmigrant visa, applicants for admission to the United States, and applicants for adjustment of status to lawful permanent residence are likely to become a public charge "at any time" in the future. The DHS regulation also introduces a related (but different) public benefits condition for change of status (COS) and extension of stay (EOS) nonimmigrant applicants, who will have to demonstrate that "since obtaining the nonimmigrant status" they seek to extend or change, until the date USCIS adjudicates the COS or EOS application, they have not received one or more of the listed public benefits over the designated duration threshold."

DHS and DOS will generally only consider public benefits received on or after February 24, 2020 for petitions or applications postmarked on or after that date.

Read the rules

84 FR 41292 (August 14, 2019) (DHS final rule on public charge ground of inadmissibility)

84 FR 54996 (October 11, 2019) (DOS interim final rule on public charge ground of inadmissibility)

Update . On February 6, 2020, the U.S. District Court for the Middle District of North Carolina issued a permanent nationwide injunction blocking the August 8, 2018 USCIS policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status.

On January 28, 2019, the District Court issued a Temporary Restraining Order (TRO) that blocked the Government from applying the unlawful presence memo on two named plaintiffs in the case, both of whom are MAVNI candidates. The TRO applied only to these two named plaintiffs, and had no effect on any other party. A hearing on the motions took place on April 4, 2019, and the Court issued a preliminary injunction on May 3, 2019. On February 6, 2020, the Court granted the plaintiff's motion for partial summary judgment, denied the Government's motion for summary judgment, and declared the August 2019 policy invalid, set aside, and enjoined nationwide in all applications.

On October 23, 2018, a group of colleges and universities filed suit in U.S. District Court to challenge USCIS's F, M, and J unlawful presence policy. The plaintiffs asked the court to declare unlawful and vacate the August 2018 policy memo, and to enjoin the enforcement or application of the memo.

Read the complaint (10/23/2018). Guilford College et al v. Nielsen et al., Civil Action No. 18-891, filed in the United States District Court for the Middle District of North Carolina

Amended complaint (12/14/2018)

Plaintiffs' motion for a preliminary injunction (12/14/2018)

Amicus Curiae brief (friend of the court) filed by numerous institutions of higher education (12/21/2018)

Preliminary injunction opinion and order in the Guilford College et al. v. DHS case (05/03/2019)

Permanent injunction opinion and order in the Guilford College et al. v. DHS case (02/06/2020)

USCIS Memo

Accrual of Unlawful Presence and F, J, Nonimmigrants - Updated 8/9/2018 (8 p.m.)

Via NAFSA website

USCIS published a draft policy memorandum on May 11, 2018. On August 9, 2018, 8 p.m., 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.

Reinstatement

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

Executive Order Updates:

Official Statements:

Updated Executive Order - 12/04/2017

Updated Executive Order - 6/26/2017

Via NAFSA website

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

Scams and Fraud Alerts

Dear Students and Scholars,

UIW International Student and 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.

Scam and Fraud Alert Handout

What should you do if you get such a call?

What should I do if I already gave them personal information or transferred money?

How did they figure out I was here on a visa? How did they get my phone number?

UIW Resources

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 (8 a.m.–5 p.m.). 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 intl@uiwtx.edu 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 intl@uiwtx.edu or call 210-805-5705.

Schedule an appointment

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. The Counseling Services Center is located in the Administration Building, Suite 438. For appointments, please make an appointment at 210-832-5656.