As many as 65 top US universities, including Harvard, MIT, Cornell, Yale, and Princeton signed onto an amicus brief filed Monday, arguing that the new rule puts visa-holding students in a position to make “tough choices”. These institutions argue that the new policy’s use of a “backdated unlawful-presence clock” will render tens of thousands of F, J and M categories of visa holders subject to three and 10-year re-entry bars without any opportunity to cure.
The new policy announced by the Trump administration in August places restrictions on overstaying a visa. Under longstanding immigration policies, when an individual is no longer authorised to remain in the US — such as when a visa expires — a period of “unlawful presence” begins. After six months of unlawful presence, an individual can be forced to return to their country of origin and subject to a three year bar from the US.
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17 November, 2019