Immigration Policy Updates
Section 1
The International Center created this page to provide information to UCI international students and scholars regarding changes in immigration policies and practice.
If you need clarification regarding travel, employment, study, or your status please contact the International Center with your questions or to schedule a time to meet with one of our advisors, internationalcenter@uci.edu or 949.824.7249.
Unlawful Presence - Effective August 9, 2018
On August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum announcing a change to its policy guidance on how the agency will calculate unlawful presence for students, exchange visitors, and their dependents in F, J, and M non-immigrant status.
Those who have accrued more than 180 days, but less than 1 year of unlawful presence are subject to a 3-year bar; and those who have accrued more than 1 year of unlawful presence are subject to a 10-year bar. These bars make subject individuals ineligible to apply for a visa, admission (travel), or adjustment of status to permanent residence to the U.S.
Please note that this policy does not change your post-completion grace periods for F-1/F-2 and J-1/J-2 visa holders.
We strongly recommend that you continue to maintain your status by meeting your responsibilities as F and J visa holders. Please note that information about status is available on this website and the handbooks you received with your visa documents prior to arrival at UCI.
Should you have any questions, please contact the International Center.
Resources:
JUNE 26, 2018: U.S. Supreme Court Upholds Travel Ban 3.0
As you may have heard from news reports, today the Supreme Court of the U.S. upheld the 3rd version of the travel ban for citizens from 7 countries. This decision allows the government to continue to enforce the travel ban that was put in place in September 2017. Conditions of the travel ban differ for each of these countries, additional information can be found here.
We want to reassure you that your status here in the U.S. is not affected by the travel ban. You are allowed to continue your studies, research, and teaching; and you can continue to apply for employment authorization (OPT, CPT). Travel, while allowed, may be challenging because of enhanced screening and possible denials or delays in getting new visas. The International Center is available to answer any questions or concerns you may have.
If you need any clarification regarding travel, employment, study, or your status please contact the International Center with your questions or schedule a time to meet with one of our advisors, internationalcenter@uci.edu or 949.824.7249.
June 11, 2018: Changes in U.S. visas for Chinese Students and Scholars
It has been reported that starting June 11, 2018 the U.S. Department of State plans on applying a more restrictive policy on some Chinese graduate students and researchers.
The new policy might affect students and scholars from China in the following way:
- Students and scholars planning to study in “critical fields” (aviation, aerospace, robotics, and advanced manufacturing) might be issued a one-year visa only instead of a five-year visa. The purpose of a visa is to apply for entry or re-entry into the U.S. The length of validity of the visa does not limit the amount of time a student or scholar can remain in the U.S. Students and scholars are allowed to stay the U.S. as long as a they maintain status by keeping a valid visa document (I-20 or DS-2019) and continues to be enrolled or engaged in research. It will affect future plans for travel if the travel plans are after the visa (in the passport) has expired.
- The Department of State will require increased review of the individual’s background my implementing a “multi-agency security advisory opinion” procedure for Chinese students and scholars. This will most likely delay the issuance of visas.
Any questions about visa issuance or if a student or scholar experiences delays in getting a visa, contact the International Center at 949.824.7249 or internationalcenter@uci.edu.
UPDATE: December 4, 2017: U.S. Supreme Court - Proclamation 9645 (Travel Ban 3.0)
On December 2, 2017, the Supreme Court of the United States stayed the preliminary injunctions issued by the U.S. District Courts in Hawaii and Maryland that had partially blocked travel ban 3.0. for citizens of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. This allows the government to fully enforce the latest travel ban. Conditions of the travel ban differ for each of these countries, additional information can be found here.
If you need additional guidance, information or want to speak to an International Center advisor to discuss your specific situation, please contact our office at internationalcenter@uci.edu or by calling 949.824.7249.
Additional Information:
Proclamation 9645 of September 24, 2017
October 10, 2017 - U.S. Visa for Turkish Citizens Applying in Turkey
On October 8, 2017, the U.S. Embassy in Turkey announced that it temporarily suspended nonimmigrant visa services at posts in Turkey, including the embassy at Ankara and consular posts in Istanbul and Adana. During the suspension, visa applications will not be accepted in Turkey. The suspension is not a travel ban and citizens of Turkey with valid visas may enter the U.S. and applications may be made outside of Turkey. However, the International Center advises that you consider travel plans carefully. If you have any questions, please contact the International Center.
Resource: U.S. Embassy & Consulates in Turkey News & Events
September 25, 2017: Presidential Proclamation
On September 24, 2017, President Trump issued a Proclamation restricting entry into the United States for nationals of eight countries. The restrictions are country-specific. The eight countries include: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia.
Below are resources to provide additional information. If you have specific questions, please contact the International Center.
June 26, 2017: U.S. Supreme Court Decision on Travel Ban
Today's decision by the U.S. Supreme Court to allow some aspects of the travel ban to be implemented will not affect international students and scholars coming to UCI to study, teach or do research. The decision contains an exception that allows individuals to continue to apply for visas and enter the U.S. if they have a "credible claim of a bona fide relationship with a person or entity in the United States", this includes: students who have been admitted to a U.S school and individuals who have been offered employment.
Please contact the International Center if you have questions.
June 26, 2017: U.S. Supreme Court Decision on Travel Ban
Today's decision by the U.S. Supreme Court to allow some aspects of the travel ban to be implemented will not affect international students and scholars coming to UCI to study, teach or do research. The decision contains an exception that allows individuals to continue to apply for visas and enter the U.S. if they have a "credible claim of a bona fide relationship with a person or entity in the United States", this includes: students who have been admitted to a U.S school and individuals who have been offered employment.
Please contact the International Center if you have questions.
March 16, 2017: Temporary Restraining Order and Preliminary injunction on Executive Order Signed on March 6, 2017
On March 15, 2016 the U.S. District Court in Hawaii issued a nationwide temporary restraining order preventing the enforcement of the Executive Order's 90-day entry ban which has been scheduled to go into effect on March 16, 2017.
On March 16, 2017 the U.S. District Court in Maryland issued a nationwide preliminary injunction, preventing the enforcement the Executive Order's 90-day entry ban.
The International Center will update this page as new information becomes available. Because this is working its way through the court system, things can can change in regards to the travel ban. We continue to caution individuals from the six countries named in the executive order in regards to travel. Additionally, anyone travelling (regardless of country) should be sure to have all entry immigration documents in order and should consult with the International Center. All applications for immigration benefits (OPT, CPT, extension of visa documents) and issuance of initial I-20s/DS-2019s for new students and scholars will continue.
Contact the International Center at (949) 824-7249 if you have any questions.
March 6, 2017: Information on Executive Order Signed on March 6, 2017
On March 6, 2017 Presdient Trump signed an updated Executive Order Protecting the Nation From Foreign Terrorist Entry Into the United States. This is a new version of the Executive Order signed on January 27, 2017. The new order puts a 90 day hold on issuance of visas to citizens from six countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen (note that Iraq is not included as it was in the previous order). This new order takes affect 10 days from today on March 16, 2017. We will continue to keep you updated on new developments and as new information becomes available. If you do have any questions, please call the International Center at (949) 824-7249.
As in the previous order, applications for CPT, OPT or Academic Training; and issuance of I-20s or DS-2019 for new students or scholars or extensions are not affected by the order. If you have questions, please call the International Center (949) 824-7249.
UC Office of the President has issued preliminary guidance and can be found on the UC Office of the President website.
FEBRUARY 9, 2017: TEMPORARY RESTRAINING ORDER STILL IN AFFECT (TRAVEL BAN CONTINUES TO BE LIFTED)
On February 9, 207 the Ninth Court of Appeals denied the Federal Government's request for an emergency stay of the Temporary Restraining Order. The court decided to continue the temporary restraining order, which means the travel ban is lifted until the a new decision is made on this case.
If you have any questions about the Executive Order and travel and visa issuance, please contact the International Center at internationalcenter@uci.edu or 949.824.7249.
FEBRUARY 6, 2017: DISTRICT COURT'S TEMPORARY RESTRAINING ORDER
On February 3, 2017, the U.S. District Court for the Western District of Washington granted a temporary restraining order that temporarilty prevents the Federal government from enforcing some provisions of the Executive Order. The relevant part for interantional students and scholars is that the restraining order prevents enforcement of the 90-day ban on entry of "immigrants and non-immigrants" from Iran, Iraw, Libya, Somali, Sudan, Syria and Yemen.
Please be aware that this may change with minimal notice and that the International Center contiues to recommend that travel outside the U.S. be avoided if possible. If you do need advice on upcoming travel, please contact the International Center.
FEBRUARY 3, 2017: USCIS CONTINUES TO PROCESS APPLICATIONS
USCIS has indicated that they will contiue to process applications and petitions filed in the U.S. regardless of their country of origin. The International Center also continues to process all requests for I-20s and DS-2019s, including extension, OPT, and CPT. If you have any questions, please contact us at the International Center.
Information on Executive Order Signed on January 27, 2017
On January 27, 2017 President Trump signed an Executive Order titled Protecting the Nation From Foreign Terrorist Entry Into the United States. This Executive Order contains provisions that directly affect international students and scholars. Visas and entry has been suspended for 90 days from the date the Order was signed for individuals from Libya, Iran, Iraq, Somalia, Sudan, Syria, and Yemen.
The Department of State has issued a statement advising that citizens of these countries, should not schedule a visa appointment or pay any visa fees. If you already have an appointment scheduled, you should not attend. You will not be permitted entry to the Embassy/Consulate.
Please read UCI Chancellor Gillman’s message with guidance on the Executive Order and UC recommendation not to travel.
FREQUENTLY ASKED QUESTIONS (FAQ)
I am a citizen from one of the countries on the list, can I travel outside the U.S. and return?
If you are an international student, scholar or dependent on a visa, we recommend that you do not travel outside the U.S.
I am a citizen from a country not part of the list in the Executive Order. Can I travel outside the U.S.? Can I apply for a new visa?
At this time, it is recommended that all international travel be minimized because of possible future changes in visa policies or U.S. entry. In addition, there may be longer processing times for visas and your re-entry may be delayed. However, if you have travel plans that are necessary, please contact the International Center for further guidance.
Does the signing of the Executive Order prevent me from applying for OPT, OPT-STEM, CPT, Academic Training?
We have received no information that processing of applications are on “hold”. Our professional association has inquired directly to USCIS on this issue. It is recommended at this time to continue to apply for these immigration benefits.
The International Center will continue to processes recommendations and certifications for these benefits. We will provide updates as we get more information about these immigration benefits.
Who should I go to for help or questions about my visa status?
The International Center continues to be your point of contact in regards to immigration advice and support. Our advisors are available for appointments to discuss your concerns and questions. If you have a complex immigration related situation, we will provide referral to an immigration attorney.
I am feeling a lot of stress worrying about these changes, where can I go for help?
If you are an international student and find that you are impacted by the events and need support, the Counseling Center has Urgent Care walk-in available for UCI students from 8am-4:30pm Monday-Friday. Routine appointments are also available by calling or stopping in the Counseling Center to schedule. Alternatively, you can call to speak with a counselor by phone 24 hours a day, 7 days a week at (949) 824-6457. After Counseling Center business hours, you select option 2 to connect to our after-hours telephone counseling service.
International Scholars and Employees can find support through the Employee Assistance Program. This is a free, confidential benefit that can help address personal or work-related issues faced by UCI faculty, staff, retirees and dependents.
I work in an academic unit and have faculty members interested in inviting J-1 visiting scholars from one of the seven countries listed in the Executive Order. Can we still invite them to UCI?
We recommend that departments continue with their plans, but be aware that there will be delays in obtaining a visa and that the situation on the travel ban may change with very little notice. The International Center will continue to process visa document requests, we will work with the specific department to find a realistic start date for arrival. Visa delays have always been common for the countries on the list; therefore, we recommend planning in advance for arrival of a visiting scholars. Departments should contact the Scholar Advisor at the International Center for guidance.
I want to learn about my rights in case I come into contact with an Immigration and Customs Enforcement (ICE) agent?
We recommend that you read the resources provided below to learn more about your rights.
- The Immigrant Legal Resource Center has available a “red card” that you can carry with you with information on what you may say to an ICE agent https://www.ilrc.org/red-cards
- The National Immigration Law Center has resources where you can read and learn about your rights https://www.nilc.org/issues/immigration-enforcement/everyone-has-certain-basic-rights/
- For multi-lingual Know Your Rights materials please see: http://www.immdefense.org/icehome-and-community-arrests/
- The American Civil Liberties Union has information about this topic https://www.aclu.org/know-your-rights/what-do-if-immigration-agents-ice-are-your-door
RESOURCES
Chancellor Gillman Message to UCI Community: Guidance on the Executive Order Affecting Visa Processes and Entry into the United States
Department of State notice on visas after Executive Order https://travel.state.gov/content/visas/en/news.html
Department of Homeland Security Fact Sheet https://www.dhs.gov/news/2017/01/29/protecting-nation-foreign-terrorist-entry-united-states
DHS Statement on Compliance with Court Orders and President’s Executive Order https://www.dhs.gov/news/2017/01/29/dhs-statement-compliance-court-orders-and-presidents-executive-order