The federal judge presiding over a court case that challenges United Sates Citizenship and Immigration Services’ (USCIS) policy regarding unlawful presence calculations for student visa holders, has issued an injunction permitting the two student plaintiffs to remain in the U.S. so that they can continue to participate in the case.
The case, Guilford College et al. v. Nielsen et al., challenges USICS’ May 2018 policy that changes how unlawful presence is calculated for foreign citizens studying in the U.S. under F student, J exchange visitor, or M vocational student status. Under the new policy, USCIS considers unlawful presence accrual to begin from the date in which a student initially falls out of status, rather than from the date when USCIS formally concludes that there has been a violation and notifies the student.
According to the legal news service Law 360, the policy “could carry heavy penalties for students who inadvertently or unknowingly accrue unlawful status including re-entry bars after 180 days of unlawful presence that would prevent the students from returning to the U.S. again for years.”