Federal Relations

February 7, 2020

Court Rules in Favor of Students Against USCIS

On August 9, 2018 USCIS (US Citizenship and Immigration Services) published a memo titled Accrual of Unlawful Presence and F, J, and M Nonimmigrants which would have altered how unlawful status is calculated for certain visa holders. In the end, some foreigners would have their unlawful status retroactively applied and thus be subject to 3 or 10 year bars to admission.

On Thursday, Judge Loretta C. Biggs, US District Judge for the Middle District of North Carolina, issued a nationwide injunction blocking the memo from taking effect. Judge Biggs ruled that USCIS failed to follow the Administrative Procedure Act by not allowing notice-and-comment period, and regardless, the memo would be found inconsistent with the Immigration and Nationality Act.

More details here.