Students Overstaying Their Visas Could be Subject to a 3 or 10 Year Bar Beginning August 2018
New policy announced by Trump Administration
A.In May of 2018, the Trump Administration announced that they would start cracking down on students found overstaying their visas. United States Citizenship and Immigration Services is also planning to change how they calculate unlawful presence. Before, unlawful presence was calculated either upon illegal work or by a finding of violation by an Immigration Judge. Now they are planning to calculate it once the visa holder*s purpose in the country has ended, such as withdrawing from a full course load.
B.There was an official executive order issued in January by Trump stating *Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety.* The order specifically targets those with F, M, and J1 visa. It also states that those who are found illegally for more than 180 days would be barred from returning to the US for 3 years after foreign travel, and 10 years if overstay is longer than 365 days.
C.An immigration lawyer stated in the New York Times that students will often fall out of compliance while waiting for their new visa to be approved or when transferring to a new one. Students that fall out of status will no longer be approved to return to the US. Administrators are also worried that
international students will be punished for life events that American citizens would be supported though such as falling below a full time credit load to deal with a mental illness. The Institute of
International Education has already reported a 7% decline in international student enrollments in 45% of the schools surveyed.