With so much going on in the USA regarding the change in immigration policies, the latest USCIS policy is proved to be trouble for the students on F, J, M visas. The policy mainly aims for the unlawful presence of the visitors even after their visas got expired. Under the new policy change, the method with which officials deal with these unlawful residences is being changed. Any student or visitor who stayed unlawfully after the expiration of his visa term will can’t re-enter the US for a maximum of 10 years. Recently it was all in the news that Chinese STEM students can study only for one year in the US. Now international college students are on targets of USCIS new policy, stay tuned to learn more about the USCIS policy.
Background check with some statistics
According to the department of homeland security, almost more than 3% of the non-immigrant visa holders who have overstayed their tenure are college students. As a result, Washington is clearly pressurizing several universities and colleges to stop the intake of the international students for the security purposes.
The main factor contributing to the revision of policy is- Timing
Timing is the factor making the policy so strict. When a student is considered to be an unlawful resident- when he or she completed the course of his or her study, on the expiration of the visa or before that some applications for the extension by filling form I-94 considered to be unlawful when it expires. But as per the new policies, they have changed the definition of an unlawful resident.
Who would be ruled under “Unlawful Presence”
Definition of the unlawful presence under the trump’s new revised policy is as mentioned under-
- When a student or an exchange visitors are no longer pursuing their course of study.
- When a student or an exchange visitors completed their course of study.
- When a student or an exchange visitors were caught involving in any kind of unauthorized activities. Unauthorized activities that included in this are-
- When a student or an exchange visitors is not pursuing its designated course in the designating college. Instead of it attending another school at the same time.
- Employment in on or off campus while studying both are unauthorized. Though you can work part-time on campus with a limit not exceeding 20 hours per week.
Exceptions under the extended stay-
- Vacations by the college or school like summer vacations.
- Authorized leave in case of medical emergency.
- Delay in completing the course because of the inability to catch up due to the language problem. But it should be authorized by the school designated school authority.
What will be the consequences of overstay under the revised policy-
Ideally, after the completion of the course, a student should have returned to his home country. If he wants to come to the US again then he has to reply from his home country for the re-entry visa. Now in case of overstay, there are two cases
If the student stayed for more than 6 months after the expiration of his or her visa then he or she will be barred for 3 years to re-enter the USA.
If the student stayed for more than 1 years after the expiration of his or her visa then he or she will be barred for 10 years to re-enter the USA.
Some students unknowingly and unintentionally dragged into this unlawful presence as the process is automatic.
Woods have a different view on this stake- what can’t be ignored while these policies are in the process-
A postdoctoral research scientist at the South Dakota School of Mines and Technology- Dr. Vanessa Wood when asked about the policy explained her experience of work. She continued and said people working with her are majorly international students. But continuous changes in the policies making them difficult to stay in the US where they have completed their training and wanted to stay there after that too. Some of them even due to the fear of visa could possibly be get terminated on re-entry have not visited their families at the time of emergencies.
What are those students are becoming after they leave the USA?
According to Dr. Wood, the international students after getting training in the USA went to work in some other country giving them equal competition. They could be on our side but the immigration didn’t let them- she said sadly.
Financial loss when such visa policies don’t allow international students to stay-
Father of Dr. Wood who is director of the Virginia Commonwealth University Center for International Business Advancement -Dr. Van Wood show his opposition to these policies and claimed that these stringent visa policies will result in a big financial loss. He continued saying that the international students pay full al of their tuition fees and if not all but most are interesting in staying back and want to learn more about the field and work. These trainees are the holding future of the society, letting them go is going to be a great failure for us- Dr. Van Wood said with an exclamation.
What can’t be ignored by the US government?
He further took attention to how these students tuition helps in subsidizing American education fees. On the recent one- year limit imposed on the Chinese students- he said that same Chinese bestow $11 billion US economy to the whole US economy. Other students which are in majority are from India and they end up contributing 5 billion to the US economy. Can these factors be ignored while making these rash visa policies to threaten the international students to leave the country?