USCIS announced flexibilities for F-1 students affected by delayed Form I-765 receipt notices. These flexibilities, including 14-month OPT period flexibilities, option to refile after rejection, and RFEs for missing/deficient signatures, apply only to applications received from October 1, 2020, to May 1, 2021.
Posted on July 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE recently announced a policy that would require international students to leave the country if they do not take any in-person classes this fall term. This would apply even if the university is fully online this fall or if the university transitions to an online model in the middle of the semester. On July 7, top universities including Harvard, Columbia, and Stanford have denounced the policy, while also assuring international students that they will work to create a plan that will allow them to continue their studies in America “without fear.” On July 8, Harvard and MIT filed suit in federal court, seeking to block the policy and calling ICE’s decision “arbitrary and capricious.”
Posted on July 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
According to guidelines published by ICE on July 6, international students whose universities go fully online this fall will either have to transfer universities to one holding in-person instruction or leave the U.S. For schools that will have a mix of in-person and online classes, international students will be barred from taking only online classes. International students will not be exempt from these guidelines even if the universities transition to online classes during the fall term. The American Council of Education called the guidelines “horrifying” and said this was clearly an incentive for schools to reopen despite possible health consequences.
Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Posted on June 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Posted on January 7, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://www.californiaimmigration.us 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
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 