December 23rd, 2023 at 01:25 am
USCIS Non-Immigrant F&M Visa Guidelines 2024 – US Immigration
USCIS updates guidelines for international students about policies. Regarding the F and M student non-immigrant classifications, US Citizenship and Immigration Services is providing policy guidelines. These guidelines also address the agency’s responsibility to decide on applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the country.
USCIS anticipates that this would bring much-needed clarity to US educational institutions and international students on a variety of subjects, such as eligibility requirements, school transfers, and on-campus and off-campus jobs.
According to the guidelines, F and M students must have a foreign residence that they intend to keep, but they may also be the recipients of an immigrant visa petition or permanent labor certification application, and they may still be able to prove that they intend to leave after a brief stay.
According to the guidelines, F students with a degree in a Science, Technology, Engineering, or Mathematics (STEM) discipline who choose to extend their optional practical training may work for startup enterprises. Among other things, the firm complies with the criteria of the training plan, maintains good standing with E-verify, and pays employees in line with what similarly situated US workers are paid.
A non-citizen may enter the country as a full-time student at a college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program, under the non-immigrant academic student F-1 classification. Students enrolled in recognized non-academic programs, other than language training programs, that are established vocational programs fall under the non-immigrant vocational student (M-1) categorization.
USCIS Green Card Warning! Deportation for a Green Card Holder
Upon renewing a green card following an arrest or criminal charge, the permanent resident’s record will be reviewed by US Citizenship and Immigration Services (USCIS). Many crimes have the potential to result in deportation, and other crimes can result in an immigrant’s inadmissibility or deportability even in the absence of a conviction.
You should anticipate that USCIS will investigate these law enforcement situations when you apply for or renew a green card. A felony that was not punishable by deportation twenty years ago may now be so due to changes in the USCIS’s approach to certain offenses. Before applying for a renewal of their green card, anyone with a criminal record needs to be aware of their circumstances.
Obligation to Renew/Replace a Green Card
Every time an applicant files Form I-90 to replace their permanent residence card, USIS mandates that the applicant cover the cost of and submit to a criminal background check. Before submitting Form I-90 and other applications for immigration benefits, you must take this into account. However, a permanent resident should not be prevented from obtaining a new or renewed green card due to an arrest.
For practical reasons, a permanent resident over the age of eighteen is required by law to always carry a valid, unexpired green card. It is necessary to have a valid green card to travel overseas, work, and even renew a driver’s license. Ignoring the issue won’t cause it to go away.
What Happens at a Biometrics Appointment
The applicant will receive an appointment notice from USCIS via mail a few weeks after submitting Form I-90. The notification gives the time, date, and place of the biometrics appointment. To get the permanent residents’ fingerprints and photos, the biometrics appointment takes about 15 to 20 minutes.
The USCIS will perform a criminal history check in addition to using the biometrics to create a new green card. The fingerprints and identity of the applicant will be forwarded to the FBI by USCIS. The FBI will compare the data to databases maintained by various law enforcement organizations.
If the applicant has a criminal history or a history of immigration infractions, USCIS will be able to find out. Before applying for the renewal of their Green Card, anyone who thinks they might have a criminal background should speak with an immigration counsel. A copy of the applicant’s arrest record can be obtained beforehand, and an attorney can guide them through the procedure. An attorney might be able to get a waiver or have the record expunged, depending on the details.
Types of Deportable Crimes
A long list of crimes that result in deportation can be found in the Immigration and Nationality Act (INA). It is not as easy as stating that a green card holder who commits a criminal would be deported. According to the INA, a crime that is deemed a felony in one jurisdiction might not be a criminal that can result in deportation. However, a crime that the state views as only a misdemeanor may be subject to deportation upon examination by USCIS.
The following offenses could result in deportation when renewing a green card following an arrest:
- An aggravated felony: a morally repugnant act committed within five years after obtaining a green card.
- Anytime deportable offenses, such as crimes involving sex, drugs, domestic abuse, weapons offenses, or fraud
This is merely an overview to determine whether a certain offense qualifies An accomplished and seasoned lawyer is necessary when dealing with an aggravated offense.
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