Case denial- please help!

[arken 4,197]

17 minutes ago, SusieQQQ said:

There is a distinction between being out of status and unlawful presence. Not all overstay is automatically unlawful presence. I believe the distinction applies in D/S visa cases but stand to be corrected.

Previously a student with D/S on i94 would accrue unlawful presence only after uscis or an immigration judge ruled the person violated the F1 status.

 

Now, under new policy, one would accrue unlawful presence the day after they violate the F1 status like -

- unauthorized working, not taking classes

- staying beyond 60 days grace period without applying for OPT

 

[SusieQQQ 11,587]

8 minutes ago, arken said:

Previously a student with D/S on i94 would accrue unlawful presence only after uscis or an immigration judge ruled the person violated the F1 status.

 

Now, under new policy, one would accrue unlawful presence the day after they violate the F1 status like -

- unauthorized working, not taking classes

- staying beyond 60 days grace period without applying for OPT

 

Ok thanks - I thought there had been an injunction against the new policy taking effect. In that case I stand corrected.

so does this mean OP’s friend will indeed incur a three year ban on leaving the US?

 

edit: the last update on the princeton site is that there was a permanent injunction 

https://davisic.princeton.edu/news/unlawful-presence-policy

i assume Princeton would update if necessary but 🤷‍♀️ 

 

regardless, as I said before I don’t think it really matters in practical terms here, ban or no ban the friend is not getting another visa anytime soon.

Edited September 29, 2021 by SusieQQQ

[Crazy Cat 41,985]

1 hour ago, arken said:

Previously a student with D/S on i94 would accrue unlawful presence only after uscis or an immigration judge ruled the person violated the F1 status.

 

Now, under new policy, one would accrue unlawful presence the day after they violate the F1 status like -

- unauthorized working, not taking classes

- staying beyond 60 days grace period without applying for OPT

 

Thanks for explaining.  That is good information to know!!!

[arken 4,197]

1 hour ago, SusieQQQ said:

Ok thanks - I thought there had been an injunction against the new policy taking effect. In that case I stand corrected.

so does this mean OP’s friend will indeed incur a three year ban on leaving the US?

 

edit: the last update on the princeton site is that there was a permanent injunction 

https://davisic.princeton.edu/news/unlawful-presence-policy

i assume Princeton would update if necessary but 🤷‍♀️ 

 

regardless, as I said before I don’t think it really matters in practical terms here, ban or no ban the friend is not getting another visa anytime soon.

Yes, it seems the injunction is still in place and uscis is planning to come up with another similar strict policy.

[Allaboutwaiting 2,503]

3 hours ago, SusieQQQ said:

There is a distinction between being out of status and unlawful presence. Not all overstay is automatically unlawful presence. I believe the distinction applies in D/S visa cases but stand to be corrected.

She could have had regained status after expiration of the I-20 by applying for reinstatement, with the help of the international students office at her University, but that should have happened in the 5 months after the expiration date. In such case, there would be no accrual.

 

Given that she got 2 OPT's denied and didn't apply for reinstatement, she indeed has an overstay.

 

I guess that why she wanted to enroll in another program, to get the F1 status reinstated.

 

Anyway, she's going back home now.

[WaterLeaf 201]

9 hours ago, Mollie09 said:

This has been an issue during Covid too - F1 students can't do online classes.

The weird part was that I found out on a website - I can't remember where - that says students cannot take classes online and they must obtain in person in order to get the student visa - I think from DHS? Or maybe it was already changed from a few months ago.