USCIS Issues Updated Policy Memo on Accrual of Unlawful Presence and F, J, M Nonimmigrants

USCIS issued a revised final policy memorandum with guidance on the calculation of unlawful presence of those in student (F nonimmigrant), exchange visitor (J nonimmigrant) or vocation student (M nonimmigrant) status and their dependents while in the United States.

USCIS considered feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective August 9, 2018, F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending.

This guidance supersedes any prior guidance on this topic, including in its entirety the May 10, 2018, policy memorandum titled “Unlawful Presence and F, J, and M Nonimmigrants.”

The policy for determining unlawful presence for individuals present in the United States who are not in F, J, or M nonimmigrant status remains unchanged. This guidance supersedes any prior guidance on this topic.

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Cite as AILA Doc. No. 18081000.

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