F-1 Foreign Students: How to Avoid Unlawful Presence - Recording (.MP3)

F-1 Foreign Students: How to Avoid Unlawful Presence - Recording (.MP3)

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Recorded 1/10/2019
CLE Eligible Yes
Length 90 min.
Format MP3
SKU WS2019-01-10-DL

In 2018, USCIS published three new policy memoranda that have had tremendous impact on F-1 foreign students studying in the United States. In addition to enhanced scrutiny by DOS at the U.S. consulates, foreign students currently are facing additional obstacles from the new unlawful presence guidance, as well as from USCIS’s expanded authority to deny applications without first issuing a Request for Evidence (RFE). Now more than ever, attorneys and their clients must understand all F-1 visa issues thoroughly to ensure that students do not violate status, as any such violations may have devastating consequences regarding dependents and future immigration options in the United States. The panelists will discuss how to deal with the changing policy guidance, examine USCIS regulatory interpretation to identify status violations, and advise students on how to remain in status.

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Lucy G. Cheung is a partner at Goldstein and Cheung LLP. Admitted to the Massachusetts bar in 2008, the New York bar in 2010, and the U.S. Court of Appeals for the Second Circuit in 2010, Ms. Cheung practices general immigration law, with a focus on extraordinary individuals, business, corporations, students, education institutions, and family immigration issues.

Anna Stepanova is an Assistant Managing Attorney and a Member of Murthy Law Firm. She represents companies and individuals before the U.S. Citizenship and Immigration Services (USCIS), the Department of Labor (DOL), the Department of State (DOS), and other government agencies with regard to both immigrant and nonimmigrant employment- and family-based applications and petitions. More specifically, Anna handles administrative motions and appeals of denial decisions in complex employment- and family-based petitions and applications; representation of corporate clients with regard to investigations conducted by various government agencies; company audits of their internal documentation and procedures to assure compliance with immigration law; analysis of criminal records to determine their effect on clients’ eligibility for immigration benefits; immigrant and nonimmigrant waivers of inadmissibility submitted at U.S. consulates abroad and at the USCIS from within the United States; immigrant petitions for people with extraordinary ability, outstanding professors and researchers, and those whose work is in the national interest of the U.S.; nunc pro tuncpetitions and applications requesting waivers of the late filing; and other miscellaneous matters including F-1 student and J-1 exchange visitor visas.

Amanda Thompson has broad experience managing all aspects of US immigration and related needs for visiting and employed foreign nationals at government, academic and corporate facilities. She has extensive experience with permanent residence sponsorship of professionals at all levels of experience, including new graduates, using Extraordinary Ability, Outstanding Researcher, National Interest Waiver, Labor Certification and other categories.

Christine Collins is Primary Designated School Official for Purdue University’s system-wide I-171, and currently provides oversight and direction for the student services area of Purdue University’s Office of International Students and Scholars. The Purdue University system currently serves nearly 13,500 F-12 students, and their dependents, across seven institutional sites, utilizing 22 primary or alternate designated school officials (P/DSO). With 16 years in the field, Christine is responsible for establishing best practices to manage constantly changing regulatory requirements and multi-agency practice advisories; reengineering business processes; managing associated technologies; and providing leadership, training, and support for Purdue University’s P/DSO’s and supplemental support staff. Christine participates on several internal and external advisory boards and serves as a nationally recognized expert in the area of F-1 student regulatory requirements and related technologies.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.