Immigration Changes

The U.S. President has signed several executive orders that may impact international students, scholars, faculty, and employees. Purdue ISS is closely monitoring information about the executive orders and the impact they may have on the international community at Purdue.

As we receive more information and guidance, we will update this page.

Please be aware that ISS is not authorized to provide advice beyond the scope of the information contained on this page. If, after reviewing this information, you still have questions, please consider contacting a licensed, legal professional knowledgeable in immigration law.

Disclaimer: The information and resources listed on this page should not be construed as legal advice.

 

Sept. 24, 2017 Presidential Proclamation on Enhanced Vetting Capabilities and Detection

On September 24, 2017, President Trump issued a Proclamation restricting entry to the United States for the nationals of eight countries.  The restrictions are country and individual specific.  NAFSA: Association of International EducatorsR has prepared an Advisory which may be reviewed by clicking on the following link:

NAFSA Advisory on the 2(e) Proclamation Entry Ban

Additional government Resources can be found here:

DHS Fact Sheet 

White House FAQ 

 

 

Deferred Action for Childhood Arrivals (DACA)

ISS cannot provide legal advice related to this topic, but here we offer some excellent resources intended to inform those affected in our Boilermaker community, and that will lead to other resources which may be helpful.:

Immigrant Legal Resource Center:  What Do I Need to Know About the End of DACA

NAFSA:  DACA Resource Page 

 

Executive Order on Heightened Screening and Vetting of Applications for Visas and Entry Into the United States

On June 26, 2017 The United States Supreme Court rendered the following statements in an unsigned opinion:  "We grant the government's applications to stay the injunctions, to the extent the injunctions prevent enforcement" of the Executive Order.  The ruling continued on "with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States."

Countries affected by the March 6, 2017 Executive Order are Iran, Libya, Somalia, Sudan, Syria, Yemen.

Please see the following link Travel Advisory for Nationals of Certain Countries Pursuant to Executive Order 13769 published by NAFSA Association for International Educators for more detailed information.

On March 16, 2017, the following was published on the NAFSA (www.nafsa.org) website:

On March 16, 2017, the U.S. District Court in Maryland issued a nationwide preliminary injunction, preventing the Government from enforcing Executive Order 13780's 90-day entry bar, which had been scheduled to go into effect on March 16, 2017. Also read the court opinion supporting the preliminary injunction order.

  • On March 15, 2017, the U.S. District Court in Hawaii issued a nationwide temporary restraining order, preventing the Government from enforcing Executive Order 13780's 90-day entry bar and 120-day refugee entry bar, which had been scheduled to go into effect on March 16, 2017.
  • Other sections of Executive Order 13780 that are not enjoined by court order became effective at 12:01 a.m. eastern time on March 16, 2017

    The original announcement is here, for your information...

    At approximately 11:30 AM EST Monday March 6, 2017, President Trump signed a new executive order entitled Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States.  The full text of the new order can be found here:

    https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states

    A memorandum to the United States Secretary of State can be found here:

    https://www.whitehouse.gov/the-press-office/2017/03/06/memorandum-secretary-state-attorney-general-secretary-homeland-security

    Department of Homeland Security Fact Sheet:

    https://www.dhs.gov/news/2017/03/06/fact-sheet-protecting-nation-foreign-terrorist-entry-united-states

    Department of Homeland Security Q&A:

    https://www.dhs.gov/news/2017/03/06/qa-protecting-nation-foreign-terrorist-entry-united-states

    Updated NAFSA Travel Advisory:

    http://www.nafsa.org/Content.aspx?id=57494

    Purdue ISS will continue to monitor official communications and post updates to this website are they are made available. 

     

     

    Requirement to Carry Immigration Registration Document and Report Change of Address

    The following information was published on the NAFSA Association for International Educators on March 10, 2017.  Excerpts are posted below for your reference and convenience.  The full text of the notice can be found here:  http://www.nafsa.org/Content.aspx?id=57740)

    Nonimmigrants and lawful permanent residents must make sure to do these two things. The penalty for not doing so can be severe, under long-standing laws.

    • Carry their immigration registration document - Nonimmigrants and lawful permanent residents must carry their "evidence of registration" document at all times. Usually, this is Form I-94 for nonimmigrants, or Form I-551 (green card) for lawful permanent residents.
    • Report address changes within 10 days - All aliens living in the United States must report any change of address within 10 days of the address change.

    As the Department of Homeland Security (DHS) intensifies its immigration compliance efforts, advisers should review these two important requirements with their students and scholars. This NAFSA advisory provides some helpful background.

    F and J visa holders compliance with address reporting requirement through SEVIS

    Students and exchange visitors in F, M, or J status must comply with their address-change reporting obligation by notifying the P/DSO or A/RO of their school or exchange visitor program of an address change within 10 calendar days of the change. The F-1 or M-1 school must then update SEVIS with the new address within 21 days of receiving the new address information from the F-1 or M-1 student; J exchange visitor programs must update SEVIS with this information within 10 business days of receiving the new address from the exchange visitor. [see 8 CFR 214.2(f)(17); 8 CFR 214.2(m)(18); 8 CFR 214.2(j)(1)(viii); 22 CFR 62.10(d)(3)-(4)

    Students:  To report and/or update your address with ISS, please go to https://connect.iss.purdue.edu click the blue log in button, and enter your Purdue credentials to log into myISS. Once you are logged into the portal, please expand F-1 and J-1 Student Services, and click Address Update (U.S. Residential)

     

    Requirement to report changes of address

    Another requirement, related to the "registration" requirement, is that aliens living in the United States for 30 days or longer must report to USCIS any change of address, within 10 days of the address change. [INA 265(a); 8 CFR 265.1]

    • USCIS has designated Form AR-11 to be used for this purpose. The USCIS website has the most current version of Form AR-11 and the mailing address for that form
    • The change of address can also be filed online through the USCIS website; if you use the online change of address, do not file a paper Form AR-11

    The law also provides for rather severe penalties for failing to notify USCIS about an address change. INA 266(b) states:

    "Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice [of an address change] to the Attorney General, as required by section 265 of this title, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $200 or be imprisoned not more than thirty days, or both. Irrespective of whether an alien is convicted and punished as herein provided, any alien who fails to give written notice to the Attorney General, as required by section 265, shall be taken into custody and removed in the manner provided by chapter 4 of this title, unless such alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful." 

     

    Suspension of Entry to the U.S. for Certain Nationals

    Much of the following information has been excerpted from the Travel Advisory for Nationals of Certain Countries Pursuant to Executive Order 13769 published by NAFSA Association for International Educators. 

    On February 3, 2017, the U.S. District Court for the Western District of Washington in Seattle granted a nationwide, temporary restraining order (TRO).  The TRO temporarily prohibits the United States Government from enforcing Section 3(c) of Executive Order 13768 banning immigrants and nonimmigrants from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States, nationwide.  As a result of the TRO, the United States began taking action to temporarily suspend the ban. 

    On February 4, 2017, President Trump's administration appealed the TRO.  The appeal was denied, however the administration was given until 3:00 February 6, 2017 to file additional court documents supporting the enforcement of the Executive Order.

    On January 27, 2017, the White House issued an executive order which, among other things, bans entry into the US for the next 90 days for individuals from Libya, Iran, Iraq, Yemen, Somalia, Syria, and Sudan.

    On January 29. 2017, the Department of Homeland Security issued a statement regarding U.S. citizens and legal permanent residents. Travelers in these classifications should be allowed to enter the U.S., however we remind you that U.S. Customs and Border Protection has broad discretion and authority in granting or denying an individual entry into the U.S., regardless of country or origin or nationality.

    At this time, we strongly recommend anyone born, and/or holding citizenship in the affected countries to not travel outside the U.S. for the foreseeable future. This recommendation includes travel to Canada. 

    Provisional Revocation of Visas

    The information contained on this website should not be construed as legal advice.  ISS recommends you consult with a licensed, legal professional experienced in immigration law. 

    It’s important to understand the difference between the purpose of the U.S. visa, and an individual’s lawful status in the United States. 

    A valid and unexpired U.S. visa grants a foreign national the right to be received at the United States Port of Entry for inspection.  The official at the Port of Entry examines the visa and other relevant documents and information to determine if admission is warranted.  If admission is granted, the individual is admitted to the United States with a particular “status”.

    Status is a bundle of legal rights and obligations that are given to foreign nationals while they are in the U.S.  It is granted for a specified period of time, depending upon the visa classification.  As long as the foreign national does not violate the terms of their status, they may remain in the United States for the duration of their authorized stay, as indicated on the Form I-94 Record created during admission and accessible online at www.cbp.gov/I94.  Once the individual exits the United States, they must have a valid and unexpired visa with which to seek reentry in the same status classification.

    Provisional Revocation of a visa does not require a foreign national to exit the United States, however it will prevent them from reentering the United States, in the same status classification, if they exit.  Provisional Revocation of a visa could result in additional (and significant) complications for those foreign nationals who also have violated certain other laws while in the U.S. – if this is your situation we recommend that you immediately seek the advice of an immigration attorney. For more information on Visa Revocation, please see the following article, published by NAFSA Association of International Educators http://www.nafsa.org/Content.aspx?id=57510

    Suspension of Personal Appearance (Interview) Waivers

    As per the executive order, the U.S. has suspended the personal appearance waiver program. This means any individual applying for or renewing a U.S. visa must undergo an in-person interview. You should allow for plenty of time for visa processing, as this change will likely lead to increasing interview wait times.

    Please note that the visa waiver program is still in effect at this time. The executive order applies to the personal appearance interview waiver program.

    FAQs

    Who is impacted by the executive orders?

    People from Iran, Libya, Sudan, Somalia, Syria, and Yemen are currently prohibited, from (1) entering or re-entering the U.S., and (2) being issued visas, unless they can prove they have a bona fide relationship with a person or entity in the United States.

     

    I am from one of the countries listed. Does this mean I have to leave the U.S.?

    No. If you are currently in the U.S., you are not required to leave, and we strongly recommend against exiting at this time. You should continue your activities, because this is necessary to maintain your lawful presence in the U.S., and this is also critically important.

     

    I am from one of the listed countries, and my visa has not expired.  What does the recent news about visas being revoked mean to me?

    Consulates have been instructed to provisionally revoke the visas of certain individuals.  This might have several consequences:

    • If you have committed a crime while in the U.S. which could have rendered you ineligible for the visa you now hold, you should immediately consult with an immigration attorney.  ISS cannot provide any information or guidance on this issue. We have a list of possible immigration attorneys, which you can pick up from our offices.

    • If your visa has been cancelled or revoked, you clearly cannot use your visa for re-admission to the U.S., if you exit.  You might receive a letter or other notification from the Department of State advising you that your visa has been revoked, but even without the letter, the visa cannot be used.

    • If your visa has been cancelled or revoked and you try to use your visa to re-enter the U.S., the Customs and Border Protection officer who interviews you will deny you entry to the U.S., and might stamp the visa with “CANCELLED” and note in their computer system that the visa is revoked. 

    • It is possible for a visa to be reinstated.  No one knows yet whether this will occur. If the Department of State does reinstate visas, then you would be able to use your existing visa again (as long as it has not expired), but only if it is not stamped “CANCELLED”.

     

    Can I still apply for CPT or OPT, if I am from one of the impacted countries?

    As of now, we have received no information from any government agency regarding a "hold" on USCIS adjudication of benefits such as an OPT application. Until we hear otherwise, we suggest that students continue to apply for benefits and comply with filing deadlines and eligibility windows as normal. We will continue to recommend students apply for OPT. ISS has regulatory authority to adjudicate CPT applications: CPT applications are not sent to USCIS. Until we hear otherwise, ISS will continue to authorize CPT to students who meet all eligibility requirements.

     

    Can I extend my I-20 or DS-2019 if I am from one of the impacted countries?

    We have received no information from any government agency preventing the extension of a student's I-20 or DS-2019, as long as the request to extend meets eligibility requirements. ISS cannot proactively extend a student's document: I-20s and DS-2019 extension requests will only be processed in the semester during which it would expire.

     

    My H-1B / O-1 / TN status is going to expire soon. Can Purdue extend my visa status if I am from one of the impacted countries?

    As far as we know, the executive order, as written, does not impose a prohibition on the US Citizenship and Immigration Service (USCIS) from adjudicating petitions or applications filed by individuals from one of the listed countries. USCIS has not indicated that it is otherwise prevented from processing such petitions or applications.  ISS will continue to prepare and file petitions and applications following our normal business procedures. We will continue to update this site based on signed executive orders and guidance we receive from federal agencies.

     

    Can I travel within the U.S. if I am from an impacted country?

    Yes, there are no restrictions on travel within the U.S. You should carry all of your immigration documents with you (passport valid at least six months into the future, I-20 or DS-2019 with a valid travel signature from the ISS office, and a copy of your most recent I-94.) 

     

    Will other countries be added to the travel ban?

    At this time, we do not know. Other countries may be added or taken off the list at any time. For this reason, we recommend limiting non-essential travel.

     

    Can I travel internationally? I am not from one of the affected countries.

    There are a lot of unknowns right now. ISS recommends exercising caution and consider limiting any non-essential travel.

     

    I am not from one of the affected countries.  I am in the U.S. now but I have travel planned, and will need to apply for a new visa while abroad.  Should I still travel?

    ISS recommends exercising caution and consider limiting any non-essential travel.  It generally is anticipated that visa applications at U.S. consulates might begin to experience longer processing times. Talk to an ISS counsellor before scheduling travel abroad that includes a visa application.

     

    I am from one of the affected countries. I was planning to come to Purdue in the fall. What should I do?

    You must be prepared to prove you have a bona fide relationship with Purdue University.  Officers at the Border have the right to use their discretion, so be sure to carry proof of your relationship with Purdue University.

     

    What about leaked draft executive orders I've been seeing online?

    There are a lot of rumors and false information online. Please verify anything you hear with the information published on our website or on a government agency website. We will continue to update this site based on signed executive orders and guidance we receive from federal agencies.

     

    Purdue University, West Lafayette, IN 47907 (765) 494-4600

    © 2017 Purdue University | An equal access/equal opportunity university | Copyright Complaints

    If you have trouble accessing this page because of a disability, please contact International Students & Scholars at iss@purdue.edu.