On May 11, 2018, USCIS posted a policy memorandum amending how the agency will move forward in assessing unlawful presence for students and exchange visitors in F/J/M nonimmigrant status (including F-2/J-2/M-2 dependents) who have failed to maintain current and valid status in the U.S.
Individuals in F, J, and M status who failed to maintain their status before August 9, 2018 will start accruing unlawful presence on that date UNLESS they have already started accruing unlawful presence.
Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018 will start accruing unlawful presence on the earliest of any of the following:
- The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
- The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
- The day after the I-94 expires; or
- The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).
Individuals who have accrued more than 180 days of unlawful presence during a single stay, and then depart, may be subject to three-year or 10-year bars to admission, depending on how much unlawful presence they accrued before they departed the United States.
Please note that this policy memorandum is updating Chapter 40.9.2 of the USCIS Adjudicator’s Field Manual and USCIS is accepting comments on the policy memorandum here: https://www.uscis.gov/outreach/feedback-opportunities/policy-memoranda-comment.
Please reference full article at this link: https://www.uscis.gov/news/news-releases/uscis-changing-policy-accrued-unlawful-presence-nonimmigrant-students-and-exchange-visitors.