USCIS Revises Unlawful Presence Rules for Students and Exchange Visitors

Published: 05/12/2018

Source : http://bit.ly/2jSOnLK

At a glance
  • F, J and M nonimmigrants who fail to maintain nonimmigrant status before August 9, 2018 will generally start accruing unlawful presence on that day.
  • F, J and M nonimmigrants who fail to maintain nonimmigrant status on or after August 9, 2018, will generally start accruing unlawful presence the day after they stop pursuing their authorized course of study, engage in unauthorized activity, or complete their program and authorized grace period.
  • The new unlawful presence triggers will create complications for students and exchange visitors who wish to apply for a visa, admission or adjustment of status after falling out of status.
The situation

USCIS will radically revise how it calculates the accrual of unlawful presence for students and exchange visitors who fail to maintain their F, J or M nonimmigrant status in the United States, according a policy memorandum issued late Friday. Starting August 9, 2018, F, J and M nonimmigrants and their dependents will automatically accrue unlawful presence upon certain triggering events, such as failure to complete the authorized course of study or engaging in unauthorized activities.

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