An individual is considered to be unlawfully present in the United States when they violate the terms of their immigration status. Prior to August 9, 2018, Unlawful Presence (ULP) began only after a DHS (Department of Homeland Security) Officer or Immigration Judge has ruled that a status violation has occurred.
Effective August 9, 2018, a formal ruling is no longer considered necessary to establish ULP and days of unlawful presence are now counted beginning the day after the status violation.
Once more than 180 days of unlawful presence has accrued, an individual could be subject to a 3 to 10 year bar from admission to the U.S. Those who accrue more than one year of unlawful presence could be permanently barred from the U.S.
On October 23, 2018, several schools filed a legal challenge against this new policy. A copy of the complaint can be found here.
For additional information, go to: Accrual of Unlawful Presence
If you have any questions about the applicability of the new policy to your individual situation, please reach out to us at OISS.Advisor@unh.edu.
The President of the United States has signed several Executive Orders on immigration intended to keep the country safe from potential terrorist threats, protect U.S. workers, and stop illegal immigration. It is important for you to know that some of the provisions of the Executive Orders could affect you directly or indirectly.
Please note that the implementation of these orders is still evolving and likely to change. Updates will be posted as information from reliable sources is received.
UNH response to the Executive Orders: President Mark Huddleston's Letter to the UNH Community - January 29, 2017
Expect regulations to be more strictly enforced. Take a moment to review your immigration documents to ensure they are valid and remember to renew/extend your documents before they expire.
To maintain status, students must also:
Scholars are required to report address changes here.
The information on the NAFSA website is updated often. You can check here for the latest news regarding the Executive Orders. The latest travel ban was updated June 26, 2018 and is being referred to as Travel Ban 3.0. Chad has been removed from the list of countries subject to this travel ban, which includes Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.
On December 4, 2017, the U.S. Supreme Court ruled that Proclamation 9645 (Travel Ban 3.0) issued by President Trump on September 24, 2017 can be fully enforced. This Proclamation bans travel to the United States by certain citizens of aforementioned countries. For additional information, refer to the NAFSA: Association of International Education resource detailing country-specific restrictions and exceptions.
Court Orders on Presidential Proclamation - December 4, 2017
Enhancing Public Safety in the Interior of the United States signed January 25, 2017
Border Security and Immigration Enforcement Improvements signed January 25, 2017
Protecting the Nation from Foreign Terrorist Entry into the United States signed January 27, 2017 and updated March 6, 2017
Presidential Proclamation updated September 24, 2017
Accrual of Unlawful Presence and F, J, and M Non-Immigrants updated May 24, 2018
There are many provisions in the Executive Orders related to immigration. This Fact Sheet will focus only on key sections that may impact international students and scholars.
Section 3(c) of Executive Order 13769, "Protecting the Nation from Terrorist Entry into the United States" bans individuals from 7 countries - Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entry to the United States for at least 90 days from the date of signing the EO. This means that if you are from one of these countries and you leave the United States for any reason, you will be barred re-entry until after the ban is lifted.
Update: On February 3rd, the U.S. District Court for the Western District of Washington in Seattle granted a temporary restraining order (TRO) that temporarily prohibits the Federal government from enforcing Section 3(c) of Executive Order 13769, the provision that established the 90-day ban on entry of "immigrants and nonimmigrants" from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The TRO "is granted on a nationwide basis," according to the order. The ruling is being challenged by the government.
Section 8 of Executive Order 13769 suspends the Visa Interview Waiver Program for all countries. This change may affect those who need to renew their visas in order to return to the United States. What you can expect:
USCIS Implementation of Jan. 27 Executive Order
Initially, it was reported that U.S. Citizenship and Immigration Services (USCIS) was not adjudicating applications for immigration benefits. On February 2nd, USCIS issued a clarification:
"USCIS continues to adjudicate applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin, and applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Jan. 27, 2017, "Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States."