Category: 90 Day Rule

Filing Location Change for Form I-751

9/13/2018

On September 10, 2018, USCIS changed the filing location for Form I-751, Petition to Remove Conditions on Residence, to Chicago lockbox address.

This petition must be filed by all conditional residents within the 90-day window before expiration of their conditional green card. Not filing the petition or not filing it during the required 90-day period can result in revocation of the lawful permanent status and can lead to deportation.

I-751 petition was previously filed at the California and Vermont Service Centers. Now, petitioners must send Form I-751 to a USCIS Lockbox facility. However, the California, Nebraska, Vermont, and Texas Service Centers will be the adjudicating offices. When filing at a Lockbox facility, petitioners have the option to pay the fee with a money order, personal check, cashier’s check, or credit card.

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Decline of International Foreign F1 Students Enrollment in US Universities: 7 Percent in 2017

11/13/2017

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The 2016-2017 report revealed that first-time international students dropped 3 percent, indicating that the decline had begun before current president took office. The number of newly arriving international students declined an average 7 percent in fall 2017, with 45 percent of campuses reporting drops in new international enrollment, according to a survey of nearly 500 campuses across the country by the Institute of International Education.

The decline is much more serious in some Midwestern colleges and universities. At the University of Iowa, overall international enrollment this fall (2017) was 3,564, down from 4,100 in fall of 2015. Iowa primarily lost Chinese students.

The University of Central Missouri experienced a sharp decline this year in students from India. In the fall of 2016, the Warrensburg, Missouri, university had 2,638 international students. This fall (2017) it has only 944 international student. It's a big financial impact on the university.It’s a mix of factors. Concerns around the travel ban had a lot to do with concerns around personal safety based on a few incidents involving international students, raise in hate crimes, crimes against foreigners, and a generalized concern about whether they’re safe. Another reason for the decline is increasing competition from colleges and universities in other English-speaking countries, such as Canada, Britain and Australia. Read more here.

On a separate note, it became increasingly difficult to get approval of the Change of Status from B2 visitor to F1 foreign student through USCIS (for those prospective student who arrived in the United States as visitors or tourists). Processing times increased by many months, which results in students being too late to start the semester, losing their status and wasting time and money.

Since September 1, 2017, a new 90-day rule took effect (90 days fraud or misrepresentation rule), which also affected those applying for a change of status: with long waiting time, students are expected to wait at least 90 days before they file an application for a change of status. (We posted about 90-day rule here and here ).

In summer 2017, DHS announced their intention to change the rules to require foreign students to re-register with USCIS every year, which will make study in the USA more expensive, cumbersome, and unnecessarily complicated.

As a result, the best option for many students is to apply for a F-1 student visa abroad at the U.S. embassy or consulate in their home country. There is always a risk of denial and no visa can be guaranteed, however, at present time (2017-2018), a bona fide student with sufficient funds and ties to his home country stands a better chance of approval through consular processing rather than applying for a change of status through USCIS Department of Homeland Security.

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Change to INA 212(a)(6)(C)(i), Fraud and Misrepresentation: 90 Day Rule

10/5/2017

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US Department of State 09/16/2017 cable provides guidance to U.S. consular posts, embassies and consulates abroad, on applying the new “90 day rule,” introduced on September 1, 2017.

This new rule presumes that individuals have made a material misrepresentation on prior visa applications or in their applications for admission to the U.S. if they violate or engage in conduct inconsistent with their nonimmigrant status within the first 90 days of entry into the U.S.

SUMMARY: This cable advises posts on the application of INA section 212(a)(6)(C)(i) as it pertains to revised guidance at 9 FAM 302.9-4(B)(3)(g-h) regarding the 90 day rule, formerly known as the “30/60 day rule.” Interagency working groups agreed to a change in policy and expanded the 30/60 day timeframe to 90 days for aliens who enter the United States and engage in activity inconsistent with their nonimmigrant status before procuring a change or adjustment of status.

The 90 day rule

The following revised guidance replaces the 30/60 day rule and applies to all adjudications that occur after September 1, 2017.

The guidance should not be applied retroactively.

As detailed in the revisions to 9 FAM 302.9-4(B)(3)(g-h), aliens who violate or engage in conduct inconsistent with his or her nonimmigrant status within 90 days of entry into the United States by:
1) engaging in unauthorized employment;
2) enrolling in a course of unauthorized academic study;
3) marrying a U.S. citizen or lawful permanent resident and taking up residence in the United States while in a nonimmigrant visa classification that prohibits immigrant intent; or
4) undertaking any other activity for which a change of status or adjustment of status would be required prior to obtaining such change or adjustment, may be presumed to have made a material misrepresentation.

You must give the alien the opportunity to present evidence to rebut the presumption that he or she made a willful misrepresentation on prior visa applications or in their applications for admission to the United States before you can find the applicant ineligible under 212(a)(6)(C)(i).

If the applicant is unable to overcome the presumption that he or she engaged in a willful misrepresentation, post must request an Advisory Opinion (AO) from the Visa Office of Advisory Opinions (CA/VO/L/A) per 9 FAM 302.9-4(B)(3)(h)(2)(b).

If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status after 90 days of entry into the United States, there generally is no presumption of willful misrepresentation. However, if facts in the case give you a reason to believe that the alien misrepresented his or her purpose of travel at the time of the visa application or application for admission, you must request an AO from CA/VO/L/A.

You can see the text of the DoS cable here. Or download a pdf file here.

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Filing Location Change for Form I-751

Decline of International Foreign F1 Students Enrollment in US Universities: 7 Percent in 2017

Change to INA 212(a)(6)(C)(i), Fraud and Misrepresentation: 90 Day Rule

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