Lawsuit Charges USCIS Move Against Foreign Students Is Illegal

11/9/18 A US Citizenship and Immigration Services (USCIS) policy memo could bar many international students from the US. A new lawsuit argues that is actually the goal of the government memo. USCIS has attempted to justify the new action against international students by citing a questionable DHS overstay report.
The new policy memo drastically reshapes the unlawful-presence policy for F, J, and M visa-holders. Now, instead of the unlawful-presence clock running on the date on which the individual is adjudicated as out-of-status, USCIS will backdate unlawful presence to the underlying facts that give rise to the individual being out-of-status.
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