On October 25, 2019, the U.S. Attorney General (AG) made decisions in two
separate cases that USCIS has now adopted as policy. In the first case, Matter of Thomas and Thompson, the AG
held that a “term of imprisonment or a sentence” can be expanded to include an
alien’s original criminal sentence regardless of post-sentencing alterations in
most cases. This is relevant because criminal activity may result in an alien
being determined as inadmissible, deportable, or ineligible for an immigration
benefit. In the second case, Matter of
Castillo-Perez, the AG held that two or more DUI convictions during a
relevant statutory period affects “good moral character” determinations, which
may negatively impact eligibility for immigration benefits.
On December 10, 2019, USCIS adopted both AG decisions and updated their
policy, which applies to any cases filed or pending on or after October 25,
2019. The full Policy Alert can be found on the USCIS Policy Manual.
As a reminder, if an international student, scholar, employee, or
exchange visitor believes that they may need legal representation in any court
of law, they are always permitted to seek personal legal advice from a
qualified immigration attorney.
OIS will continue to monitor USCIS Policy Alerts and will update UIC departments, international students, exchange visitors and the international community accordingly. As always, if there are any questions or concerns about this announcement, please feel free to contact us at ois@uic.edu or (312) 996-3121.