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A federal judge permanently blocked a Trump policy change in how DHS calculates an immigrant’s “unlawful presence.”

Several college presidents sued the Trump administration over a policy change that amended how a foreign national’s “unlawful presence” in the U.S. is calculated to include more time, making it more difficult for many to stay in the U.S. They argued that the change would harm students, scholars, and others who sometimes temporarily lost legal status while switching schools and jobs. On February 6, Judge Biggs ruled that the change “impermissibly conflicted” with immigration law, and issued a permanent injunction against the policy.

The number of foreign students in the U.S. has decreased for the 3rd year in a row.

 A report from the Institute of International Education showed that foreign student enrollment in U.S. universities dropped by 1% compared to 2018, and the two years prior had drops of 7% and 3%. The drop in the number of students from China has been particularly sharp. Some schools pointed out the president’s rhetoric as one reason for the downturn. The Trump administration instead theorized that the drop was due to high tuition costs and not immigration policies.

Specifics on ‘unlawful presence’ for F-1 and J-1 students

Starting August 9, 2018, a new policy goes into effect for F-1 and J-1 holders. They will start accruing unlawful presence the day after they violate their status, get an order from a Judge they are out of status, or get a ruling from Immigration their status is denied.

New USCIS Policy on Accrual of Unlawful Presence and F, J, and M Nonimmigrants Takes Effect Next Week

USCIS’s new policy on the calculation of unlawful presence for those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents will take effect next Thursday, August 9, 2018.

USCIS Automatic Termination of OPT for F-1 Students If They Transfer to Different School or Begin Study at Another Educational Level

USCIS reminded F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level automatically terminates their OPT, as well as their corresponding employment authorization document (EAD). USCIS will begin to enter the EAD termination date into its newly updated systems after receiving the information from ICE’s Student and Exchange Visitor Program (SEVP).1:46 AM

Trump’s Crackdown on Students Who Overstay Visas Rattles Higher Education

The New York Times reports that effective August 9, 2018, the Trump administration plans to crack down on international students and visitors who overstay their visas, stoking fears in the higher education community that President Trump’s aggressive immigration policies will hinder university efforts to attract the brightest minds from overseas.

F-1 OPT can allow you to run your own company

Out of F-1 Student Status? Find out how to get reinstated.

The F-1 Student Visa and what to do

Coffee talk with Immigration Attorney Brian D. Lerner, A Professional Corporation on Immigration and Naturalization Law and specifics on how you can find solutions to immigration problems, visas, work-permits, deportation and other areas of immigration law. Find out about the F-1 Student Visa and the particulars.. Immigration Lawyer Brian D. Lerner explains this area of immigration law so that it is clear and in normal and plain English. The Law Offices of Brian D. Lerner is happy to give you a free 10 minute consultation at http://www.blerner.checkappointments.com/. Additionally, call us at 562-495-0554 or send a Skype to ‘briandlerner’.

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