Back dating options illegal

F-1s or J-1s who receive an I-515 after a visit outside the United States are at great risk of becoming overstays and unlawfully present.

These individuals have only 30 days to submit an application for an extension to USCIS, and the expiration date of the I-94 is usually near the beginning of the semester, at a time when students and scholars are likely to be occupied with other concerns.

back dating options illegal-84

Two new sections of the Immigration and Nationality Act were created to define these penalties: Interpreting when and how these two provisions apply to a specific individual is complicated, but critically important.

Regulations have not yet been written to fully define the applicability of the statutory provisions; however, the penalties that could apply are significant. consular office in his or her home country, 222(g) is not a basis for denial of the visa.

If a timely-filed application for a change or extension of status is denied because it was frivolous or because the alien engaged in unauthorized employment, then unlawful presence begins to accrue as follows: If an application is not filed in a timely manner, and is denied for any reason, unlawful presence begins to accrue as of the date of the expiration of the I-94 for those with a date-certain I-94. 248.1(b) for criteria for late change of status applications), no days of unlawful presence accrue if the application is approved.

For those admitted for duration of status, unlawful presence begins to accrue on the date the application is denied. 214.1(c)(4) for criteria for late extensions; see 8 C. If the application is denied, unlawful presence will accrue starting on the date the Form I-94 expired (for date-certain I-94 cases) or the date of the denial (for D/S I-94 cases).

That student would not be subject to the overstay and unlawful-presence provisions.

However, if the student is denied because he or she was found to have violated status because of previous unauthorized employment, that student would be considered an overstay and would begin to accrue days of unlawful presence from the date of the denial.

Blanket extraordinary circumstances exemptions Department of State regulations and guidance provide several important "blanket" exceptions to the place-of-visa-application restriction. The most recent government guidance is from DHS; it defines the entire time during which an application for an extension or change of status is pending "as a period of stay authorized by the Attorney General," provided the following conditions are met: Effect of departure from the United States while application for extension or change of status is pending Nonimmigrants who apply for extension or change of nonimmigrant status but who leave the United States before a decision on the application is made by USCIS are not subject to 222(g) if they were in a period of stay authorized by the Attorney General prior to their departure from the United States. 222(g) on late filing of applications If an application for an extension or change of status is filed after the date of expiration of the I-94, USCIS has the discretion to approve the late filing, provided that certain conditions are met. Also, such individuals should have evidence of their ability to support themselves while the application was pending to prove that they did not need to work. For those who are admitted to the United States by an immigration officer, applicability of 212(a)(9)(B) depends on whether the alien is present in the United States "after the expiration of the period of stay authorized by the Attorney General." Neither DHS nor DOS have published regulations defining this key term, but they have released written guidance outlining their interpretations of this section of law: Aliens admitted until a specific date begin accruing unlawful presence if: Nonimmigrants admitted to the United States for "duration of status" (D/S) F and J nonimmigrants, as well as I nonimmigrants (information media representatives) and certain A nonimmigrants, are usually admitted to the United States for a period known as "duration of status," as indicated by the notation "D/S" on their Form I-94.

Nonimmigrants who apply for an extension or change of nonimmigrant status but who leave the United States after their I-94 expires but before a decision on the application has been issued are not subject to 222(g) if they can establish that: Effect of I. This documentation may have to be presented to a DHS or consular officer to prove that the alien was in a period of authorized stay prior to his or her departure from the United States. When a nonimmigrant is admitted for duration of status, no expiration date appears on Form I-94.

Effect of decision on extension and change of status on unlawful presence An approval of an application for an extension of stay or a change of status results in a new period of stay, which is made retroactive to the expiration of the previous period of stay.

In the case of an approval, no unlawful presence accrues.

Other individuals seeking immigration advice should consult with a qualified immigration attorney or the international student advisor at their schools.

Tags: , ,