Immigration News Briefs
Unlawful Presence for Students and Exchange Visitors
U.S. Citizenship and Immigration Services (USCIS) has
published a revised final guidance related to unlawful presence
after considering feedback received during a 30-day
public comment period. Effective Aug. 9, 2018, F and M nonimmigrants
who fall out of status and timely file for reinstatement
of that status will have their accrual of unlawful
presence suspended while their application is pending.
The May 10, 2018, policy memorandum changed the way the agency calculates unlawful presence for those who were in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status. With the new revised final memorandum, a timely reinstatement application for F or M status is one where the student has not been out of status for more than five months at the time of filing; the accrual of unlawful presence is suspended when the F or M nonimmigrant files a reinstatement application within the five month window and while the application is pending with USCIS. This also applies to J nonimmigrants who were reinstated by the Department of State.
If the reinstatement application is denied, the accrual of unlawful presence resumes on the day after the denial. Whether or not the application for reinstatement is timely- filed, an F, J, or M nonimmigrant whose application for reinstatement is ultimately approved will generally not accrue unlawful presence while out of status.
Visa Bulletin Retrogression: Temporary
The September Visa Bulletin shows a retrogression in
both family and employment based categories. However,
the Department of State confirms that this retrogression is
temporary for the month of September, as the new Fiscal
Year will begin in October. Once the October Visa Bulletin
is released, the dates will return to the same level as written
in the August bulletin.
The Bulletin also offers predictions in the coming months (until January), showing normal movement for most categories, such as EB3 (Employment Based Skilled Workers) being current in the Worldwide category, but EB3 India indicates slow movement pending receipt of demand from recent advances. Family based categories are showing 3-6 week increases per month until January.
Digital Delivery of FOIA Requests
The second phase of the Freedom of Information Act
(FOIA) Immigration Records System (FIRST) allows all FOIA
requestors to easily create a USCIS online account, track
their cases, and receive their responses electronically.
Requestors must still continue filing their FOIA requests through the current process (by mail, fax, or email). However, when fully implemented, FIRST will allow online submission as well as online case management and digital delivery.
APPLICATION FINAL ACTION DATES FOR September 2018
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
08Apr11 |
08Apr11 |
|
2A |
22Jul16 |
22Jul16 |
|
2B |
01Nov11 |
01Nov11 |
|
3rd |
01May06 |
01May06 |
|
4th |
08Apr04 |
08Jan05 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
01Jan12 |
01Jun16 |
|
2nd |
01Jan07 |
01Jan13 |
|
3rd |
01Jan03 |
01Nov16 |
|
Other |
01Jan03 |
01Nov16 |
|
4th |
15Feb16 |
Current |
|
5th |
Current |
Current1B |
DATES FOR FILING VISA APPLICATIONS - September 2018
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
08Mar12 |
08Mar12 |
|
2A |
01Dec17 |
01Dec17 |
|
2B |
22Mar14 |
22Mar14 |
|
3rd |
22Sep06 |
22Sep06 |
|
4th |
01Jan05 |
01May05 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
22May09 |
Current |
|
3rd |
01May09 |
Current |
|
Other |
01May09 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
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