In this video, attorneys Jacob Sapochnick and Marie Puertollano discuss recent immigration updates regarding the calculation of unlawful presence for F-1 international students and other topics.
Memorandum Policy Updates for F-1 Students
Per a new policy memorandum released by USCIS, if you are a student who is out of status, you will begin to accrue unlawful presence on August 9th. Students have at least 5 months to file a reinstatement to avoid falling out of status and accruing unlawful presence.
What is happening with DACA?
On August 3, 2018, a federal judge from the United States District Court for the District of Columbia upheld a decision from the lower courts, ordering the complete restoration of the Deferred Action for Childhood Arrivals (DACA) program. This new ruling gives the Trump administration a 20-day deadline to either implement the complete restoration of the DACA program or file an appeal. The Trump administration plans to appeal the decision. In a separate lawsuit filed by Texas and other states, a judge will hear arguments challenging the restoration of the DACA program. A decision in that case has not yet been made. We will notify our readers once a decision has been made.
For the moment, DACA holders may continue to seek a renewal of their DACA benefits, but new requests for DACA will not be accepted.