A group of US Colleges and Institutions have filed a lawsuit against the Trump administration. This is over the latest policy alteration that adversely affects overseas students including Indians. It includes the New York-based private research University The New School. This has one of the highest proportions of overseas students.
As per the new policy, overseas students can find themselves barred from arriving in the US for 10 years. This is for no fault of theirs, as quoted by the Times of India.
The modification announced by USCIS – US Citizenship and Immigration Services became effective from 9 August. It implies that overseas students begin to accrue unlawful presence in the US automatically. This is from the next day that they violate their status of being a student. It is even if their approved tenure has not expired.
The earlier calculation for a number of unlawful presence days was different. The count would begin on a day the immigration judge or government official adjudicated that the student was out of status.
The lawsuit filed by the US Colleges with a district US Court refers to the earlier policy. It states that the earlier policy was objective. If needed, the individuals could exit the US within 6 months. This would also prevent the imposition of a 10 or 3-year ban on their re-entry.
The petition says that the policy uses the backdated clock for calculation of unlawful presence. This will render 1000s of M, J, and F Visa holders subject to 3 and a 10-year ban on re-entry. It is also without any chance for undoing the consequence.
The lawsuit further elaborates that the new policy incurs financial harm to the US Colleges and Institutions. The new policy turns the clock retrograde to the date when the overseas student first fell out of status. This is for calculating the unlawful presence.
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