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New USCIS Immigration Policy – USA To Deport Those Who Overstayed Their Visas

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  • Deportation proceeding may be started against foreigners overstaying their visa validity
  • Foreigners on student and tourist visas to be affected by the new policy
  • H1B visa holders not affected by policy as of now.

A new USCIS immigration policy comes into play on October 1st, 2018 through which deportation proceedings may be started against foreigners in the USA who have overstayed their visas while waiting for an extension or change in status. Read on to find out more:

October 1st is a red letter day for many foreigners in the USA. This is the date the new policy of the United State’s Citizenship and Immigration Services (USCIS) comes into play.

This new policy allows the USCIS officials to begin deportation processes against foreigners by issuing Notices to Appear (NTA). This will affect foreigners who are still staying in the USA despite having their visa extension application or change in status application denied.

USCIS immigration policy
The White House

What is the NTA?

An NTA may be sent by mail or delivered in person by an immigration officer. This can be described as a document that initiates deportation proceedings. Anyone receiving an NTA must appear in court before an immigration judge. Anyone failing to appear for this hearing waives away all rights to fight against the deportation.

Who Does the New USCIS Immigration Policy Affect?

Currently, the new policy will affect students and tourists overstaying their visas. However, it is not limited to these cases. A tourist visa is usually valid for 6 months. Many students enter the USA on a visitor visa to explore their options of studying here.

Once they have decided where they want to study, they apply for a change in visa status through the I-539 form. This form usually takes more than 6 months to be processed. Hence, in many cases the validity of the tourist visa expires before a change in visa status is made.

The policy also affects individuals who have applied for a Green Card via the I-485 form and have overstayed their current visa validity.

USCIS Immigration Policy-Are H1B visa Holders Affected?

For the time being, H1B visa holders are not affected by these deportation norms. Foreigners who have been transferred within a company to the USA on the L1 visa are also not affected by this new policy. However, it is not yet clear on how H4 visa holders will be affected by the new policy.

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