• Skip to primary navigation
  • Skip to main content
  • Skip to footer

Rose Immigration Law Firm, PLC

We help corporate and individual clients from every corner of the world.

  • Practice Areas
  • Attorneys & Staff
  • Resources
    • Articles
    • Contact Congress
    • Government Agencies and Other Organizations
  • Contact Us
    • Intake Form – English
    • Formulario en Español
    • Make a Payment
  • Make a Payment

USCIS Policy Change: Unlawful Presence for F, J, and M Visa Holders

May 24, 2018

For years, USCIS has protected the status of students and exchange visitors by limiting when they begin to accrue “unlawful presence,” which can subject them to a 3 or 10 year bar to re-entering the United States. These students would not accrue unlawful presence unless there had been a formal finding of status violation by USCIS. On May 10, 2018, however, USCIS reversed its position and announced a major change. Under the new policy, which will take effect on August 9, 2018, F, J, and M nonimmigrants who fail to maintain their status will trigger accrual of unlawful presence on the day after a violation of status occurs, regardless of whether USCIS has formally found the status violation. The new policy also applies to dependent family members in F-2, J-2, or M-2 status. Other triggers under the existing policy remain unchanged. These same individuals will also accrue unlawful presence after completion of the authorized course or program and allowable grace period, expiration of the I-94 and grace period, or an order of removal by an immigration judge. The change in policy reflects a continuing trend of the government to limit benefits to all immigrants, including students who contribute immensely to the economy by attending U.S. colleges, universities, and other training institutions.

Share this:

  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on X (Opens in new window) X

Filed Under: Articles, Featured

Read More

Rose Immigration Law Firm is dedicated to staying up-to-date on the newest immigration changes and informing you. Read our articles about immigration law.

Questions?

If you have questions or would like to meet with one of our immigration attorneys, please contact us today.

Follow Us!

  • Email
  • Facebook
  • Instagram
  • LinkedIn

© Copyright 2022 Rose Immigration Law Firm, PLC · All Rights Reserved