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DOS expands presumption of misrepresentation for nonimmigrants

  1. Date Announced

    Aug. 1, 2017

    DOS issues guidance that if a noncitizen violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, an adjudicator may presume willful misrepresentation. This expansion of the 30/60 days rule can render someone inadmissible under 212(a)(6)(c). The policy covers activities such as engaging in unauthorized employment or study or demonstrating an intent to reside in the U.S. while on a visa that does not allow such intent. [ID #691]

    View Policy Document
  2. Effective Date of Change

    Aug. 1, 2017
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: Non-Immigrant Visas
Agencies Affected: USCIS Bureau of Consular Affairs

Commentary

Asylumist: New Rule Spells Trouble for Asylees

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