On May 3, 2019, a U.S. federal district court issued a nationwide preliminary injunction preventing DHS from enforcing its recent policy on accrual of unlawful presence for individuals in F, J, or M status. Under the policy, the government started counting days of unlawful presence the day after an F, J, or M status violation occurs. Now, as a result of the injunction, USCIS will reinstate its prior policy while the federal court case is being resolved. The reinstated, current policy shields individuals admitted for duration of status (D/S) from accrual of unlawful presence unless and until an immigration judge or immigration officer makes a formal determination of a status violation. Please contact our law firm immediately if you believe you were affected by the enjoined policy on unlawful presence.