F1 and M1 Students Cannot Maintain Status With Fully Online Course Loads

 

(Update — July 8, 2020) Acting DHS Deputy Director Ken Cuccinelli suggested in an interview that F1 students will generally be able to maintain status in hybrid programs so long as their classes are not entirely online. Harvard and MIT have filed a lawsuit against the policy arguing that the Government violated the Administrative Procedures Act in its implementation. We will update the site with more information as it becomes available.)

On July 6, 2020, the Student and Exchange Visitor Program (SEVP) announced modifications to temporary exemptions it carved out for F1 and M1 students taking online courses during the coronavirus (COVID-19) pandemic [PDF version].

SEVP will not allow F1 and M1 students to take a full online course load this fall and remain in the United States. For its part, the U.S. Department of State (DOS) will not issue F1 or M1 visas to students enrolled in schools and/or programs that are fully online for the fall semester, nor will U.S. Customs and Border Protection (CBP) allow such students to enter the United States.

Students who are currently in the United States on lawful F1 or M1 status at schools that are only offering online courses will have two options. These F1 or M1 students must either transfer to a school offering in-person instruction or depart the United States. An F1 or M1 student taking a fully online course load will be subject to immigration consequences, including the initiation of removal proceedings for failure to maintain status.

F1 students who are attending schools operating under normal in-person class conditions are bound by existing regulations regarding online courses. F1 students may take a maximum of one class, or three credit hours, online.

F1 students attending schools adopting a hybrid model of some online and some in-person classes will be permitted to take more than one class or three credit hours online. Schools running hybrid programs must certify to SEVP through the student's Form I-20, Certification of Eligibility for Nonimmigrant Student Status, that the program is not entirely online, that the student is not taking an entirely online course load for the semester, and that the student is taking at least the minimum number of classes required to make progress in his or her degree program. The ICE news release does not specify what proportion of in-person versus online courses will be acceptable in hybrid programs . The exceptions in this paragraph do not apply to F1 students in English language training programs or M1 students pursuing vocational degrees, neither of which are permitted to enroll in online courses.

SEVP states that its new rules will be published in the Federal Register in the near future. We will update the website with more information as it becomes available. Students who are unsure of their school's plans should consult with their DSO for more information. Students who may need to transfer programs to maintain student status or otherwise have questions about maintaining status should consult with their DSO and, if necessary, with an experienced immigration attorney.

You may learn more about student visas in our full section on site [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

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MPP Hearings May Resume on July 20

The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) published a joint statement on rescheduling hearings under the Migrant Protection Protocols (MPP) [PDF version]. We discussed the MPP in detail in a full article on site [see article].

The DOJ and DHS are working to resume MPP hearings as soon as possible. However, in light of the ongoing coronavirus outbreak and its spread in Mexico, the DOJ and DHS have agreed to postpone both MPP hearings and in-person document service through, and including, July 17, 2020.

The DOJ and DHS anticipate resuming MPP hearings on July 20, 2020. However, whether MPP hearings can resume at that time will depend on public health and safety indicators. In the meantime, the DOJ and DHS are working on ensuring compliance with applicable Centers for Disease Control (CDC) social distancing guidelines. They are also working on procuring equipment and resources that will be necessary to ensure the safety of MPP hearings.

The DOJ and DHS will reevaluate the timing for resuming MPP hearings on a weekly basis.

We will update the website with more information when it becomes available.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Public Charge and the Coronavirus (COVID-19)

Public Charge and the Coronavirus

The novel coronavirus has wreaked havoc on the United States' economy, causing hardship for citizens and noncitizens alike. Many noncitizens who are hoping to someday become lawful permanent residents have expressed uncertainty about whether accepting certain benefits may trigger public charge issues under the new public charge rules [see article]. In this article, we will briefly examine the effect of accepting unemployment benefits or testing, screening, or treatment of illness caused by the coronavirus (COVID-19) on public charge determinations.

Unemployment Benefits Are Not Considered in Public Charge Determinations

Unemployment benefits are considered “unremunerated public benefits.” The United States Citizenship and Immigration Services (USCIS) does not consider the receipt of unemployment benefits in making public charge determinations. National Public Radio expressly asked the USCIS about the receipt of unemployment benefits during the pandemic, and the USCIS responded that unemployment is an “earned benefit” that is not considered in the public charge analysis. USCIS lists benefits that are exempt from public charge determinations at 8 USCIS PM G.10(B)(1) [PDF version].

While unemployment benefits do not implicate public charge per se, it is possible that prolonged periods of unemployment could raise ancillary public charge concerns. Aaron Reichlin-Melnick of Immigration Impact, however, noted that the USCIS has indicated that it would take into account whether an applicant's financial circumstances and periods of unemployment were caused by the coronavirus outbreak [link]. We discuss this further later in the post.

In short, accepting unemployment benefits does not render an alien a public charge. It is possible that prolonged periods of unemployment, however, potentially may raise public charge concerns. A prospective permanent resident applicant with questions about his or her individual prospects for lawful permanent resident status should consult with an experienced immigration attorney for a case-specific assessment.

Testing, Screening, or Treatment of Communicable Diseases Does Not Render an Alien Public Charge

The USCIS notes on its public charge page that “[t]he Public Charge rule does not restrict access to testing, screening, or treatment of communicable diseases, including COVID-19.” (Emphasis added.) The USCIS Public Charge page notes that “USCIS considers the receipt of public benefits as only one consideration among a number of factors and considerations in the totality of the alien's circumstances over a period of time with no single factor being outcome determinative” [PDF version].

The USCIS notes that some aliens who are affected by the coronavirus may be hesitant to seek treatment or preventative services in light of public charge concerns. In response to these concerns, the USCIS stated that it “will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination, nor as related to the public benefit condition applicable to certain nonimmigrants seeking an extension of stay or change of status, even if such treatment is provided or paid for by one or more public benefits, as defined in the rule (e.g., federally funded Medicaid).

However, notwithstanding the USCIS's special provisions for testing and treatment related to the coronavirus, the public charge rule requires the USCIS to consider the receipt of certain cash and non-cash public benefits in public charge determinations. To this effect, the USCIS notes that most forms of federally funded Medicaid for aliens over the age of 21 are considered in public charge determinations. Medicaid for emergency medical conditions or for pregnant recipients is generally excluded. CHIP, State, local, or tribal public benefit health care services and assistance that are not funded by federal Medicaid, however, do not weigh against a positive public charge determination.

See our next section for information on how receipt of certain public benefits can be mitigated by evidence showing that the alien was adversely affected by the coronavirus.

Coronavirus is a Mitigating Factor for Receiving Public Benefits

The USCIS provided guidance for aliens subject to the public charge ground of inadmissibility who are affected by the coronavirus. Specifically, “if an alien subject to the public charge ground of inadmissibility lives and works in a jurisdiction where disease prevention methods such as social distancing or quarantine are in place, or where the alien's employer, school, or university voluntarily shuts down operations to prevent the spread of COVID-19, the alien may submit a statement with his or her application for adjustment of status to explain how such methods and policies have affected the alien as relevant to the factors USCIS must consider in a public charge inadmissibility determination.” As an example, the USCIS suggested that it may consider evidence that the alien had to take public benefits to get by after having been prevented from working or attending school as relevant in determining whether the alien is inadmissible on public charge grounds.

Conclusion

In general, receipt of unemployment benefits or of treatment for illness stemming from the coronavirus does not, by itself, implicate public charge directly. Furthermore, the USCIS has signaled a willingness to consider whether an alien's receipt of certain public benefits is attributable to the coronavirus outbreak in making public charge determinations.

With all that being said, an alien with specific questions or concerns about his or her status as a potential public charge should consult with an experienced immigration attorney for case-specific guidance. If an alien needs to accept any benefits or if he or she has circumstances stemming from the coronavirus which may raise public charge concerns, he or she should keep records and receipts in order to document the circumstances if they become relevant in the context of an application.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

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Exemption for Certain Athletes from Coronavirus Entry Restrictions

 

On May 22, 2020, the Secretary of Homeland Security, Chad Wolf, created a special exemption for certain professional athletes and other personnel from several Presidential Proclamations restricting entry due to the threat of the novel coronavirus [PDF version]. President Donald Trump restricted entry of individuals who were present in the People's Republic of China [see article], Iran, and the Schengen Area, the United Kingdom, and Ireland [see article] during the 14 days immediately preceding their entry or attempted entry into the United States. Among the myriad exceptions from the restrictions in each order is a special provision providing that the order does not apply “for any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.”

Secretary Wolf determined that it is in the national interest to exempt “aliens who compete in professional sporting events organized by certain professional sporting groups, including their professional staff, team and league leadership, spouses, and dependents.” Although the memorandum does not limit its scope, Secretary Wolf expressly noted that he will work with professional sporting groups including the MLB, NBA, PGA Tour, NHL, ATP, and WTA. He noted that the order does not exempt individuals who may benefit from inspection by Customs and Border Protection (CBP) or any other agency requirements. Furthermore, he added that he may narrow the scope of the exemption if he deems it necessary.

The U.S. Department of State (DOS) advises professional athletes, essential staff, team and league leadership, spouses, and dependents who believe that they may qualify for an exemption to ask their athletic league representative to contact the DHS for more information [PDF version].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com