Denial of B2 Extension could result in deportation

A June 28, 2018, USCIS policy memorandum (PM 602-0050.1) expands the conditions under which USCIS will issue a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to now include situations "where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States."

Under the new policy, USCIS can issue an NTA after denying an application for an immigration benefit only if on the date of the denial the applicant is out of status.

For examples, denial of an extension of stay or change of status request, where the applicant's prior status expires before USCIS denies the EOS or COS.

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Immigration & Tax Law Firm

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Phone: (630) 903-9625

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Accrual of unlawful presence for F, J, M visa

In the past, foreign students and exchange visitors (F and J nonimmigrants, respectively) who were admitted for, or present in the United States in, duration of status (D/S) started accruing unlawful presence on the day after USCIS formally found a nonimmigrant status violation while adjudicating a request for another immigration benefit or on the day after an immigration judge ordered the applicant excluded, deported, or removed (whether or not the decision is appealed), whichever came first.

USCIS is now changing its policy on how to calculate unlawful presence for F-1, J-1, and M-1 nonimmigrants, and their dependents (F-2, J-2, and M-2). This new policy on the accrual of unlawful presence with respect to F, J and M nonimmigrants will take effect on August 9, 2018. The policy for determining unlawful presence for aliens present in the United States who are not in F, J, or M nonimmigrant status remains unchanged.