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Government Withdraws Appeal in Guilford College, Making District Court Decision Final

The Fourth Circuit granted the government’s motion to voluntarily dismiss the Guilford College case after the government withdrew its appeal, thus making final the permanent injunction of the USCIS policy memo on the accrual of unlawful presence for F, J, and M nonimmigrants.

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.

USCIS Policy Memo on Accrual of Unlawful Presence and F, J, and M Nonimmigrants

USCIS Policy Memo on Accrual of Unlawful Presence and F, J, and M Nonimmigrants 

So it would seem that F and J status people out of status may start accruing unlawful presence.

Permanent resident applying for spouse with expired student visa

Permanent resident applying for spouse with expired student visa – Avvo.com http://ping.fm/9nlp8

Can I still change my status?

An F1 student 

The student visa and what to do 

Student visa packet 

Can I apply for Student Visa?

This is the Student Visa. It allows you to come to the U.S. to study at a wide variety of educational institutions ranging from large Universities to community colleges to specialized institutions such as cooking schools. This visa can also be used for you to come to the U.S. to study English.

F-1 nonimmigrant student (F-1 student) means an alien who has an F-1 visa.  The Bureau of Citizenship and Immigration Services grants such a visa to an alien who has a residence in a foreign country which he/she has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who entered the United States temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by him/her and approved by the Attorney General after consultation with the Department of Education of the United States.

The Student Visa will last for as long as you are in school which depends upon the length of the course of study. Your spouse and unmarried children can come to the U.S. once your visa is approved. You can later change your status to allow you to work.

If you are out of status because of some type of violation of your F-1 Student Visa, you should try to apply for reinstatement of student status. Assuming you did not work out of status, there would be a reasonable chance of success, especially if the reason for you going out of status was not your fault.

Change status to Student Visa

F-1 student visa meaning

Student Visa Process

Can I apply for Student Visa?