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Articles Posted in Overstays

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I entered on the Visa Waiver Program, now I’m stuck in the US. What can I do to prevent an Overstay?

Our San Diego immigration attorneys at the Sapochnick Law Firm stand ready to assist foreign nationals admitted to the United States under the Visa Waiver Program (VWP). With the rapid spread of the Coronavirus (COVID 19), the United States has taken several measures to close its borders and ground international…

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Immigration Roundup: All Major COVID-19 Updates Summarized

In this post, we summarize all of the major and recent developments taken by USCIS, the Department of State, and the Department of Justice in response to the COVID-19 pandemic. These developments directly impact immigration in significant ways that will be discussed in further detail below. As this situation evolves,…

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Trump’s Policy Changes in 2019: A Year in Review

As we approach the end of the year, in this blog post, we look back at the major policy changes implemented by the Trump administration in the year 2019 that have had a profound impact on the way our immigration system functions today. JANUARY  Government Shutdown Woes The start of…

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Court Issues Nationwide Injunction Preventing USCIS from Enforcing Policy Memo Changing Accrual of Unlawful Presence for F, J, and M Nonimmigrants

On August 8, 2018, DHS issued a policy memorandum directing USCIS to change the way in which the agency counted the days of unlawful presence for F, M, and J status violators. Under that policy memorandum, F, M, and J nonimmigrants who accrued more than 180 days of unlawful presence…

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NTA Policy Memo to be Implemented Beginning October 1st for I-485 and I-539s

Several months ago, we reported that the United States Citizenship and Immigration Services (USCIS) amended its policy regarding the issuance of Notice to Appear (NTA) documents in removal proceedings. During the month of June, USCIS released a policy memorandum indicating the agency’s intent to revise NTA policy to better align…

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Accrual of Unlawful Presence for F, J, and M, Non-immigrant Visa Violators, Begins August 9th

A new policy memorandum will change the way the accrual of unlawful presence is calculated for F, J, and M non-immigrant visa holders, and their dependents, beginning August 9, 2018, and onwards. The accrual of unlawful presence may lead to a bar preventing the foreign national from re-entering the United…

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Reminder for F-1 Students: Automatic Termination of Optional Practical Training upon Transferring to a Different School or Beginning Study at Another Educational Level

In this post, we bring an important reminder to the attention of F-1 Students with Optional Practical Training. F-1 students who transfer to another school or begin their studies at another educational level, such as a master’s degree program after completion of the bachelor’s degree, will have their OPT automatically…

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USCIS Revises Accrual of Unlawful Presence for F, J, and M Non-immigrants

The United States Citizenship and Immigration Services (USCIS) has released a new policy memorandum that may soon change the way the accrual of unlawful presence is calculated for individuals currently in the United States on an F, J, or M non-immigrant visa type, as well as their dependents accompanying them…

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Immigration Debate Kicks Off Tonight in the Senate

On Sunday night, a group of Republican Senators met to draft the Republican party’s version of the President’s immigration framework, in preparation for a floor debate that will take place Monday night on immigration. The Republican bill is one of many proposals that will be considered by the Senate as…

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Fact Checking the President’s State of the Union

This week the President of the United States delivered his much-anticipated State of the Union to unite the Democratic and Republican parties on a range of contentious issues still unresolved in Congress. One of those hot-button issues has been immigration. As you may recall the President has given Congress until…

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