USCIS Updates Policy Guidance for International Students

Introduction:

• USCIS issues guidance on F and M student classifications, detailing employment authorization, change of status, extension of stay, and reinstatement.

Consolidation of Policy:

• The new guidance consolidates existing policies to clarify eligibility, school transfers, practical training, and employment for international students.

Key Clarifications:

• Students may have intent to depart post-study while being beneficiaries of labor certification or visa petitions.
• Specifications for F students in STEM fields regarding OPT and employment at startups.

Student Classifications:

• F-1 for academic students in institutions or language training.
• M-1 for vocational or nonacademic students, excluding language training.

Additional Resources:

• Policy Alert and Volume 2, Part F of the Policy Manual for comprehensive details.
• Information on the role of U.S. Immigration and Customs Enforcement (ICE) and the Student and Exchange Visitor Program (SEVIS).

Impact of DUI and CIMT in Green Card or Visa Processing 

Understanding the impacts of DUI and Crimes Involving Moral Turpitude (CIMT) is crucial in immigration processes. While a DUI may not always prevent citizenship or a green card, complexities arise with additional offenses or multiple DUIs. CIMTs, which broadly cover actions deemed contrary to moral standards, significantly affect immigration status, leading to inadmissibility or deportation. It's vital to disclose all relevant information and seek legal counsel for navigating these complex areas and exploring available waivers. Stay informed and proactive in your immigration journey.

A crime involving moral turpitude (CIMT) generally refers to conduct that is considered contrary to community standards of justice, honesty, or good morals. While the law doesn't provide a definitive list of such crimes, they typically include offenses such as fraud, theft, serious violent crimes, and certain sexual offenses. The determination of whether a specific crime is considered a CIMT is often complex and depends on the specific statute, facts, and judicial interpretation.

Under the Immigration and Nationality Act (INA), committing a CIMT can have severe consequences for non-citizens, including those with pending green card (permanent residency) applications. Here are some of the potential impacts:

1. Inadmissibility: An individual who has committed a CIMT may be deemed inadmissible to the United States. This can prevent the person from entering the country or adjusting their status to that of a lawful permanent resident.
2. Deportability: A non-citizen, including a green card holder, who is convicted of a CIMT within five years of admission to the U.S. or commits two CIMTs at any time, can be deported.
3. Waivers and Exceptions: There are certain waivers and exceptions available for those who have committed a CIMT. For example, the “petty offense exception” might apply if the individual was convicted of only one CIMT and the sentence did not exceed one year, and the offense did not have a sentence of more than six months. Legal guidance is crucial to navigate these exceptions.

Given the serious implications of being convicted of a CIMT, individuals facing such charges or with such a history, especially those with pending immigration applications, should seek legal counsel to understand their specific situation, potential defenses, and the impact on their immigration status. The interpretation and application of CIMTs can be complex and are subject to significant legal scrutiny.

Warm Regards,

Keshab Raj Seadie, Esq. 
Law Offices of Keshab Raj Seadie, P.C.

Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.