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 dateF, 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, 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 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:
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.
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.
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.
|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
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, Campus 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:
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.
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.
Other types of scams to be aware of:
Learn more about common scams and frauds at https://www.usa.gov/scams-and-frauds
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 UIW Campus Police at 210-805-6030. The UIW Police will contact an International Affairs member immediately.
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).
Students with travel concerns can email email@example.com 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.
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 firstname.lastname@example.org or call 210-805-5705.
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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 email@example.com. The Counseling Services Center is located in the Administration Building, Suite 438. For appointments, please make an appointment at 210-832-5656.
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Office of International Student & Scholar Services
University of the Incarnate Word
4301 Broadway, CPO 31
San Antonio, Texas 78209
University of the Incarnate Word
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San Antonio, TX 78212
Grossman International Conference Center
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San Antonio, Texas 78212
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