In the United States, according to the rule of president Trump administration, international students have been deporting because of their visa violation. This rule includes the deportation of students on really small mistakes in visa regulations and they can’t return back for 10 years by making definite alterations in the regulation.
A stay order has announced by a federal judge of the United States against president trump administration’s rule that was issued on last August 2018.
Judge Loretta C. Biggs ended the U.S. Customs and Immigration Service from temporarily implementing the rule that permitted the deportation and punishing of students who overstayed their visa for 180 days by altering the process in which the time was estimated. She also requested that the hearing of the case against that rule should be heard quickly.
Doug Rand who is an immigration expert informed at May 6, 2019, that it is very definite for international students, a very huge proportion of them are Indians. It indicates that the policy that the USCIS announced last year is delayed for the predictable future and maybe forever depending on how this prosecution emerges.
He also said that the expansion of punishment from 3 years to 10 years is obviously a very harsh thing. This rule is really considered as a visa abuse and creating an atmosphere of uncertainty for hundreds of thousands of international students.
It is discouraging particularly that large group of international students who have literally no bad intention of disrupting visa regulations. The students may violate the visa rules by innocent mistakes.
A case filed by three colleges, the Guilford College International Club, the American Federation of Teachers and two students of Chinese descent. After they filed the case, Biggs issued the stay order at the federal court, in Winston-Salem, North Carolina on 3rd May 2019.
Biggs said that in her ruling the plaintiffs have confirmed a possibility of success in their case against the rule change and they would experience irreversible infliction without the stay, which will be implemented nationwide.
Rand has explained the prosecution and the stay and said that if an individual on a student visa did a blunder, even if it was an innocent one, the USCIS would begin implementing the 180-day rule on the unlawful behaviour or overstaying the visa, from the day they noticed the mistake.
According to the recent rule, a huge dispute will begin when you have accumulated 180 days of unlawful presence. You should have left the country to clear your status and cannot come back to the U.S. for any reason for almost 3 to 10 years.
The duration of time depends upon the span of illegal overstaying of the student. Changing in this rule can be helpful for the students who are victims of fraud.
Rand who is the president of Boundless Immigration Company said that you can join this to the large list of Trump immigration schemes that are suspended due to court action. Rand’s company is a technology company serving people to navigate the immigration process in the U.S.