New Unlawful Presence Memo: Impact on Students and Exchange Visitors
August 15, 2018
02:00 PM (ET)
|Format||Live Web Seminar|
On May 10, 2018, U.S. Citizenship and Immigration Services (USCIS) published new guidance that changes 20 years of agency policy regarding the accrual of unlawful presence for students (F-1), exchange visitors (J-1), and their dependent family members. Rather than deeming unlawful presence to start accruing the day an application or petition for immigration benefits is denied, the new guidance states that unlawful presence will accrue retroactive to the date USCIS determines a status violation took place. This change, coupled with the new USCIS Notice to Appear policy, and the new guidance expanding USCIS authority to deny immigration benefits requests without first issuing a request for evidence, could have devastating consequences for nonimmigrant students and exchange visitors. Join our expert panelists as they break down the new unlawful presence policy and offer strategies for advising and protecting clients in this unprecedented environment.
- The New USCIS Unlawful Presence Memorandum: What It Says and How It Compares to Prior Unlawful Presence Policy
- How the New Policy Could Impact Students, Exchange Visitors, and Their Dependent Family Members
- How Will USCIS Determine Whether a Status Violation Occurred?
- What Might and Might Not Be Deemed a Status Violation?
- Strategies for Avoiding Application/Petition Denials and Ensuing Unlawful Presence Bars
Bennett Savitz (dl), AILA USCIS Benefits Policy Liaison Committee Chair, Boston, MA
Bennett Savitz has practiced exclusively in the area of Immigration Law since 1994, and founded Savitz Law Offices (ImmigrationOptions.com) in 2000. He has served as the Chapter Chair of the New England Chapter of the American Immigration Lawyers Association (AILA), as well as on several local and national AILA committees, helping shape policies and procedures for the entire Immigration Bar. He is a frequent speaker and writer on various aspects of Immigration Law. Since 2008, Bennett Savitz has been selected as one of Boston's Best Lawyers in Immigration Law by Best Lawyers of America. In 2013, Savitz Law Offices was selected as Boston Immigration Law Firm of the Year by Acquisition International. In 2013, 2014, and 2015, Savitz Law Offices was selected as the Massachusetts Business Immigration Law Firm of the Year by Global Law Experts. In 2014, Savitz Law Offices was selected as Massachusetts Business Immigration Law Firm of the year by ACQ Global Awards. In 2015, Savitz Law Offices was selected as Best Corporate Immigration Law Firm in Massachusetts by AI M&A Awards, Best for Immigration Corporate Compliance in Massachusetts by Corporate America Legal Elite, as well as awarded an Immigration Law Global Award by Corporate LiveWire. In 2016, Savitz Law Offices was selected as Massachusetts Business Immigration Law Firm of the Year by Corporate International Global Awards, was awarded an International Advisory Experts Corporate Immigration Award, and Bennett Savitz was awarded Corporate Immigration Lawyer of the Year by Corporate LiveWire. In 2017, Savitz Law Offices was selected as Massachusetts Business Immigration Law Firm of the Year by M&A Insider Awards, Most Outstanding Immigration Law Firm in Massachusetts by Corporate Insider, and Bennett Savitz was selected as Immigration Lawyer of the Year in Massachusetts by International Advisory Experts. In 2018, Bennett Savitz was selected as Immigration Lawyer of the Year in Massachusetts by International Advisory Experts. Additionally, in 2014, Bennett Savitz was selected to be added to The International Who’s Who of Corporate Immigration Lawyers. Bennett Savitz currently teaches a Graduate School course on Immigration Law at Lesley University. He graduated cum laude from the University of California at San Diego in 1990. He received both his M.A. in International Relations and his J.D. from Boston University in 1993, where he graduated as an Edward F. Hennessey Scholar.
Suzanne B. Seltzer, AILA USCIS Benefits Policy Liaison Committee Vice Chair, New York NY
Suzanne B. Seltzer is the principal of The Seltzer Firm, PLLC. Ms. Seltzer is a member of the AILA USCIS Benefits and Policy Committee. She was previously chair of AILA’s Service Center Operations (SCOPS) Liaison Committee and served for many years on AILA’s Annual Conference Committee. Ms. Seltzer also co-founded the New York Anti-Trafficking Network (NYATN) in 2002 and continues to sit on its Steering Committee. She regularly speaks and publishes on matters relating to immigration law. Ms. Seltzer is ranked among the nation’s top 20 practitioners in the area of Immigration Law by LawDragon, and also is ranked in Chambers Global, Chambers USA, and included in Best Lawyers in America, New York Super Lawyers, and New York Magazine’s Best Lawyer’s in New York. She obtained her J.D. from Georgetown University Law Center, and her B.A. from the University of Pennsylvania.
Dahlia M. French, Lubbock, TX
Dahlia French practices exclusively in the areas of immigration and nonresident alien taxation with a special focus on higher education immigration (international students, scholars and employees), medical immigration and the intersection of immigration and tax laws for these populations. Ms. French has over 20 years of U.S. and global immigration experience both in private practice and at U.S. universities. Ms. French serves as the chair of AILA’s Students & Scholars Committee and is an active member various professional immigration and international tax organizations. Ms. French received a B.A. from the University of Toronto and a J.D. from Howard University School of Law.
Stephen D. Springer, Washington, DC
Steve Springer is Director of Regulatory Practice Liaison for NAFSA: Association of International Educators and manages NAFSA’s engagement with federal agencies concerning regulatory practice issues, among other duties. Prior to joining the NAFSA staff he worked as an immigration attorney, representing higher education institutions and their faculty, staff, and students, and worked in-house managing immigration services for several major research universities.
|Special Pricing for Members: $99|
|AILA Member/International Associates||$99|
|AILA Members’ Paralegals||$99|
|AILA Nonprofit Members||$99|
|AILA Law Student Members||$99|
|Nonmember Law Students||$199|
The New Unlawful Presence Memo: Impact on Students and Exchange Visitors web seminar takes place Wednesday, August 15, 2018, at the times noted below:
- 2:00 pm-3:30 pm eastern time
- 1:00 pm-2:30 pm central time
- 12:00 pm-1:30 pm mountain time
- 11:00 am-12:30 pm pacific time