U.S. tightening policy in the case of foreigners with student visa

May 11, Service, citizenship and immigration USA (US Citizenship and Immigration Services — USCIS) issued a Memorandum about the change of principles in accordance with which will determine the legality of stay in the country with a student visa.

From August 6, USCIS will change the calculation of violation of terms of stay for foreigners entering the country on student visas , M, F and J. So if the time of illegal stay in the USA was calculated after official confirmation of the service non-compliance by a person of a visa regime, but now the countdown starts directly from the moment of violation.

Simply put, previously entered the United States on student visas to foreigners with the status of D/S (Duration of Status) had the right to stay in the country until, while studying and did not violate the status of «student». Formal failure to comply with the visa regime and any implications arises only from the date of submission by the school ‘s statements about the retreat of the student from the rules.

Many foreigners enjoyed this «loophole» to enter and work in the USA. However, even in the case of catching the offender is allowed to leave the country at their own expense (Voluntary Departure) without any consequences on future visits to the United States.

Now, once the foreign national ceased to comply with the rules of the visa regime categories M, F and J, starts the automatic countdown time of his illegal stay in America. After 180 days the offender can be banned from entering the country for a period of from 3 to 10 years. If the period of illegal stay exceeded 1 year, the government can and does permanently to prevent a person to visit the United States.